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DUNCALF v. RITSCHER FARMS, INC.

No. 99-1186.

627 N.W.2d 906 (2001)

Mabel DUNCALF and Harold R. Parr and Irene T. Parr, Appellants, v. RITSCHER FARMS, INC., Dean Werner, Clerk of Union Township, Benton County, Iowa, Steven Van Deusen, Gary Kelly, and Kevin J. Nolan, Township Trustees of Union Township, Benton County, Iowa, Acting as Fence Viewers, Appellees.

Supreme Court of Iowa.

May 31, 2001.

Attorney(s) appearing for the Case

Robert B. Fischer of Fischer Law Firm, L.L.P., Vinton, for appellants.

David C. Thompson, County Attorney, for appellees.

Wythe Willey of Wythe Willey Law Office, Cedar Rapids, for amicus curiae Iowa Cattlemen's Association.

Considered en banc.

NEUMAN, Justice.

This is an action at law to review the decision of fence viewers under Iowa Code chapter 359A (1997).1 The district court, applying rules pertinent to the fencing-in of livestock under Iowa Code chapter 169C (Supp.1997), upheld the fence viewers' decision to place the entire burden for maintaining partition fences on the parties owning livestock.

We are convinced that the court, like the fence viewers before it...

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