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KEOKUK JUNCTION RY. CO. v. IES INDUSTRIES, INC.

No. 99-340.

618 N.W.2d 352 (2000)

KEOKUK JUNCTION RAILWAY CO., an Iowa Corporation, Appellant, v. IES INDUSTRIES, INC., a Corporation, and IES Utilities, Inc., Appellees.

Supreme Court of Iowa.

October 11, 2000.

Attorney(s) appearing for the Case

Bruce C. McDonald of McDonald Law Office, Keokuk, and Daniel A. LaKemper of Keokuk Junction Railway Co., Keokuk, for appellant.

Gerald D. Goddard of Cray, Goddard, Miller & Taylor, L.L.P., Burlington, for appellees.

Considered en banc.

SNELL, Justice.

This is an appeal from the Iowa District Court in a declaratory judgment action. Ruling on cross-motions for summary judgment, the court granted the motion in favor of defendant IES Industries, Incorporated. The district court was persuaded that a public highway purposes easement included within it the right of a private company to install electric utility poles. The court also found that the plaintiff landowner...

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