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KUEHL v. ECKHART

No. 98-650.

608 N.W.2d 475 (2000)

Walter Croskey and Genevieve Croskey, Plaintiffs, v. William Phillips; Judith Phillips; Charles Rager and Dianne Rager, Husband and Wife; Black Hawk Development Corp.; and Henry Schminke, Defendants, Chris KUEHL, Glenn Kuehl, and Nancy Kuehl, Appellees, Morris ECKHART, Appellant.

Supreme Court of Iowa.

March 22, 2000.

Attorney(s) appearing for the Case

Kevin H. Collins, Diane Kutzko, and Davie T. Hayes of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellant.

Eric W. Johnson of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C., Waterloo, for appellees.

Considered en banc.

SNELL, Justice.

This is an appeal from an order quashing an execution sale sought by Morris Eckhart, a junior lien holder inadvertently omitted from a foreclosure action. The district court, without elaboration, limited Eckhart's relief to equitable rights of redemption. Eckhart claims the court's ruling deprives him of due process under Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L...

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