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KEYSTONE ELEC. MFG. v. CITY OF DES MOINES

No. 96-2188.

586 N.W.2d 340 (1998)

KEYSTONE ELECTRICAL MANUFACTURING, CO., Appellant, v. CITY OF DES MOINES, Appellee. MERCHANTS WHITE LINE WAREHOUSING, INC., Reppert Transfer & Storage Co., and Ackerman Auto Parts, Co., Appellees, v. CITY OF DES MOINES, Appellant.

Supreme Court of Iowa.

November 25, 1998.

Attorney(s) appearing for the Case

Jerry F. Foxhoven, Des Moines, for appellant Keystone.

Roy M. Irish of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, L.L.P., Des Moines, and Bruce Bergman, City Attorney, for City of Des Moines in both appeals.

Patrick W. Brick and James E. Brick of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellees, Merchants, et al.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, NEUMAN and SNELL, JJ.

McGIVERIN, Chief Justice.

Two actions were brought against defendant city of Des Moines (hereinafter "City" ) for damages to plaintiffs' property arising out of the flood of 1993. The main questions here involve whether the City is exempt as a matter of law from liability under the discretionary function and emergency response exceptions to liability under Iowa's Tort Liability of Governmental Subdivisions Act, Iowa Code section 670.4(3), (11) (1995), and the act...

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