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ZIMMERMAN v. KILE

No. 88-48.

443 N.W.2d 99 (1989)

Lyle ZIMMERMAN, Plaintiff-Appellant, v. Eldon L. KILE, d/b/a Kile's Feed & Grain; C.C. Bender; and S/M Farm Service Company, Defendants-Appellees. C.C. BENDER, Cross-Petitioner, v. Donald SCHROEDER and Farmers & Merchants Savings Bank, Cross-Petition Defendants.

Court of Appeals of Iowa.

April 25, 1989.

Attorney(s) appearing for the Case

John T. Nolan of Rate, Nolan, Moen & Parsons, Iowa City, for plaintiff-appellant.

Anne G. Burnside, West Liberty, for defendants-appellees Eldon Kile and C.C. Bender.

Thomas J. Shields of Lane & Waterman, Davenport, for defendant-appellee S/M Farm Service Co.

David J. Meloy of Stanley, Rehling & Lande, Muscatine, for cross-petition defendant Farmers & Merchants Sav. Bank.

Heard by DONIELSON, P.J., and SACKETT and HABHAB, JJ.

SACKETT, Judge.

This case is a conversion action between plaintiff-appellant Lyle Zimmerman, a landowner, and defendants-appellees Eldon L. Kile, d/b/a Kile's Feed & Grain; C.C. Bender; and S/M Farm Service Company, grain buyers. The issue is whether the record contains substantial evidence to support the trial court's findings plaintiff had waived or was estopped from asserting his statutory landlord's lien against grain sold by his now bankrupt tenant to defendants...

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