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STALTER BY STALTER v. IOWA RESOURCES

No. 90-683.

467 N.W.2d 586 (1991)

Rodney Allen STALTER, by Lori Ann STALTER, His Conservator and Lori Ann Stalter, Individually, Plaintiffs, v. IOWA RESOURCES, INC., Iowa Power and Light Company, Farmer's Cooperative Exchange and State of Iowa, Defendants. IOWA RESOURCES, INC., and Iowa Power and Light Company, Cross-Petitioners/Appellees, v. IOWA INTERSTATE RAILROAD, LTD., Heartland Rail Corporation, Defendants to Cross-Petition/Appellants, and Seedburo Equipment Company, and Chicago Pacific Corp., f/k/a Chicago, Rock Island and Pacific Railroad Company, Defendants to Cross-Petition.

Court of Appeals of Iowa.

January 29, 1991.

Attorney(s) appearing for the Case

Carlton G. Salmons, Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for defendants to cross-petition, appellants.

Gregory R. Brown, Thomas P. Jorgensen, and Timothy C. Hogan of Duncan, Jones, Riley & Finley, P.C., Des Moines, for cross-petitioners, appellees.

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

DONIELSON, Presiding Judge.

In November 1970, Chicago, Rock Island & Pacific Railroad Company constructed a railroad spur siding at the Farmer's Cooperative Exchange in Pella, Iowa. The spur was constructed under a side track agreement which required Farmer's Cooperative Exchange to notify and obtain authority for the construction. The spur ran underneath electric transmission lines owned by Iowa Resources, Inc. through its corporate subsidiary Iowa Power and...

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