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CITY OF SIOUX CITY v. FREESE

No. 98-2193.

611 N.W.2d 777 (2000)

CITY OF SIOUX CITY, Iowa, a Municipal Corporation, Appellant, v. Siouxland Engineering Associates, P.C., Defendant, And Concerning Raymond L. FREESE, Appellee.

Supreme Court of Iowa.

June 1, 2000.

Attorney(s) appearing for the Case

James L. Abshier, City Attorney, Sioux City, for appellant.

John S. Rusch and Bryan J. Arneson of Bikakis, Arneson & Karpuk, Sioux City, for appellee.

Considered en banc.

PER CURIAM.

Plaintiff, City of Sioux City, appeals an order denying the parties' right to set off adverse judgments. The judgment of the district court is reversed, and the case is remanded for further proceedings.

I. Background Facts and Proceedings

In June of 1992, Siouxland Engineering Associates (SEA) began to design, and supervise construction on, a reservoir for the City of Sioux City. Upon completion, it was discovered the ground had settled...

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