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DUBAN v. WAVERLY SALES CO.

No. 13-1871.

760 F.3d 832 (2014)

Martha DUBAN; Thomas Duban, Plaintiffs-Appellees v. WAVERLY SALES CO., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2014.

Attorney(s) appearing for the Case

Karla Joy Shea , brief and argued, Waterloo, IA, for Plaintiffs-Appellees.

Timm W. Reid , brief and argued, Des Moines, IA, for Defendant-Appellant.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Thomas and Martha Duban brought a negligence action against Waverly Sales Company (Waverly) arising out of injuries Martha sustained when she was stepped on by a horse at a Waverly draft horse auction. The district court1 denied Waverly's motion for summary judgment and renewed motion for summary judgment, finding Iowa Code § 673.2's immunity provision did not preclude Waverly's liability because an exception...

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