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HAWKEYE BANK & TRUST CO. v. SPENCER

No. 91-513.

487 N.W.2d 94 (1992)

HAWKEYE BANK & TRUST CO., Executor of the Estate of Victoria Haskins Graham, Deceased, and Michael Rolland Graham and Victoria Lee Graham, and David Repp, as Executor of the Estate of Larry Repp, Janelle D. Repp-Martin, Douglas G. Repp, and David M. Repp, Individually, Plaintiffs-Appellants, v. Harvey SPENCER, Defendant, The City of Urbandale, Scott Williams, Tom Giampolo, Terry Dippold, and Delbert King, Defendants-Appellants, HAWKEYE BANK & TRUST CO., Executor of the Estate of Victoria Haskins Graham, Deceased, and Michael Rolland Graham and Victoria Lee Anderson f/k/a Victoria Lee Graham, Plaintiffs-Appellants, v. Scott WILLIAMS, Mark Taylor, Tom Giampolo, Terry Dippold and Delbert King, Defendants-Appellees.

Court of Appeals of Iowa.

April 28, 1992.

Attorney(s) appearing for the Case

Lawrence F. Scalise and Richard O. McConville of Scalise, Scism, Sandre, Uhl, McConville, Miller & Holliday, Des Moines, for plaintiffs-appellants Graham.

Thomas M. Zurek of Smith, Schneider, Stiles, Mumford, Schrage, Zurek, Wimer & Hudson, P.C., Des Moines, for plaintiffs-appellants Repp.

Timothy J. Walker and Wendy L. Carlson of Whitfield, Musgrave & Eddy, Des Moines, for defendant-appellant City of Urbandale.

Michael F. Lacey, Jr. and Mark A. Roeder of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, Des Moines, for defendant Spencer.

Heard by OXBERGER, C.J., and SCHLEGEL and HABHAB, JJ.

OXBERGER, Chief Judge.

The issue in this case in whether statements by the Urbandale police to Graham created the kind of special relationship the Iowa Supreme Court has indicated is necessary to establish liability of a policeman for negligence when investigating crime.

In Hildenbrand v. Cox, 369 N.W.2d 411, 415 (Iowa 1985), the supreme court reaffirmed its previous statement:

The public has a vital stake...

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