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IOWA BETA CHAPTER OF PHI DELTA THETA FRATERNITY v. STATE, UNIV. OF IOWA

No. 07-0330.

763 N.W.2d 250 (2009)

IOWA BETA CHAPTER OF PHI DELTA THETA FRATERNITY, Appellee, v. STATE of Iowa, UNIVERSITY OF IOWA, and Phillip E. Jones, Appellants.

Supreme Court of Iowa.

Rehearing Denied April 6, 2009.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and George A. Carroll, Assistant Attorney General, for appellants.

John M. Maher of Maher & Dolan Law Firm, P.L.C., Cedar Rapids, and James W. Affeldt of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellee.

WIGGINS, Justice.

The district court entered judgment in favor of the Iowa Beta Chapter of Phi Delta Theta Fraternity against the State of Iowa, the University of Iowa, and one of its employees, Phillip E. Jones, the vice president for student services and the dean of students. The fraternity based its claim on the defendants' use of an intercepted electronic communication in violation of Iowa Code section 808B.8 (2001). Because the fraternity is the real party in...

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