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GRACE HODGSON TRUST v. McCLANNAHAN

No. 96-1111.

569 N.W.2d 397 (1997)

GRACE HODGSON TRUST, Joe Hodgson, Trustee, and John T. Hodgson, Plaintiffs-Appellees, v. James McCLANNAHAN and Eileen McClannahan, Defendants-Appellants.

Court of Appeals of Iowa.

July 30, 1997.

Attorney(s) appearing for the Case

Rene Charles Lapierre of Klass, Hanks, Stoos, Stoik, Mugan, Villone & Phillips, L.L.P., Sioux City, for defendants-appellants.

Peter J. Peters of Peter J. Peters, P.C., Council Bluffs, for plaintiffs-appellees.

Considered by SACKETT, P.J., and HUITINK, J., and HAYDEN, Senior Judge.

SACKETT, Presiding Judge.

This case concerns the drainage of surface water located on agricultural bottom land near the Missouri River in Harrison County, Iowa. Plaintiffs Grace Hodgson Trust and John Hodgson own 240 acres in the north half of Section 31, Township 80, Range 44.1 Defendants James McClannahan and Eileen McClannahan own 240 acres in the south half of the same section. An east-west county gravel road with ditches on each side...

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