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KOSMACEK v. FARM SERVICE CO-OP OF PERSIA

No. 90-1402.

485 N.W.2d 99 (1992)

Beverly Ellen KOSMACEK and Lloyd John Kosmacek, Plaintiffs-Appellees/Cross-Appellants, v. FARM SERVICE CO-OP OF PERSIA and Farm Service Co-Op of Harlan, Iowa, Defendants-Appellants/Cross-Appellees.

Court of Appeals of Iowa.

February 25, 1992.

Attorney(s) appearing for the Case

Mark McCormick, Des Moines, and Robert Kohorst of Kohorst Law Firm, Harlan, for defendants-appellants.

John McHale and Dennis M. Gray of The Peters Law Firm, P.C., Council Bluffs, for plaintiffs-appellees.

Daniel B. Shuck of Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Des Moines, for amicus curiae Owens-Corning Fiberglas Corp.

Gregory G. Barntsen of Smith, Peterson, Beckman & Willson, Council Bluffs, and Joseph C. Wilkinson, Jr. of Lemle & Kelleher, New Orleans, La., for amicus curiae Monsanto Co.

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

SACKETT, Judge.

The defendants-appellants Farm Service Co-op of Persia and Farm Service Co-op of Harlan appeal a trial court decision awarding plaintiffs-appellees Beverly Kosmacek and Lloyd Kosmacek damages for defendants' negligence in mixing farm chemicals in the area of plaintiffs' property.

Plaintiffs contend they suffered damages when city fire hydrants adjacent to their property were used by the defendants and defendants' customers to mix water with...

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