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BRUMAGE v. WOODSMALL

No. 88-910.

444 N.W.2d 68 (1989)

Daryl and Peggy BRUMAGE, Appellees, v. Richard A. WOODSMALL, John Williamson, John McIsaac, and the State of Iowa, Appellants, and The Board of Stewards, The Iowa State Racing Commission, Aim, Inc., and Delbert Reed, Defendants.

Supreme Court of Iowa.

As Corrected August 28, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. and Charles S. Lavorato, Asst. Atty. Gen., for appellants.

Stephen A. Rubes, Council Bluffs, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

This is an interlocutory appeal by defendants Richard Woodsmall, John Williamson, John McIsaac, and the State of Iowa from a district court order that overruled portions of their motion to dismiss. The portions of the motion to dismiss that were sustained by the court's order have not been appealed by plaintiffs, Daryl and Peggy Brumage. We affirm in part, reverse in part, and remand.

The principles governing our review are as follows. A motion...

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