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VOGEL v. FOTH AND VAN DYKE ASSOCIATES, INC.

No. 01-1070.

266 F.3d 838 (2001)

Kenneth VOGEL and Lea Vogel, Appellants, v. FOTH AND VAN DYKE ASSOCIATES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2001.

Attorney(s) appearing for the Case

Wallace L. Taylor, Cedar Rapids, IA, argued, for appellant.

Paul P. Morf Cedar Rapids, IA, argued (Stephen J. Holtman, on the brief), for appellee.

Before: MCMILLIAN and RICHARD S. ARNOLD, Circuit Judges, and ROSENBAUM, District Judge.

ROSENBAUM, District Judge.

Kenneth and Lea Vogel own land in Iowa which they hoped to convert to a residential subdivision. The Vogels claim their hopes were dashed and their property devalued by the negligent acts of Foth and Van Dyke Associates, Inc. Foth and Van Dyke, an engineering and consulting firm, was hired by Bluestem Solid Waste Management Agency to conduct a search for a new landfill site in Linn County, Iowa. Foth and Van Dyke subsequently

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