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U.S. BANK, NAT. ASSOCIATION v. BITTNER

No. 21-0455.

986 N.W.2d 840 (2023)

U.S. BANK, NATIONAL ASSOCIATION, Appellee, v. Jeffrey S. BITTNER, Individually and as Trustee of the Joan Y. Bittner Marital Trust, Appellant, and MidWestOne Bank, as Conservator of the Joan Y. Bittner Marital Trust, Appellee, and Joan Y. Bittner, Kimberly Montgomery, Todd Richard Bittner, and Lynn Von Schneidau, Defendants.

Supreme Court of Iowa.

Filed March 3, 2023.

Rehearing Denied April 7, 2023.

Attorney(s) appearing for the Case

Jeffrey S. Bittner , Davenport, and M. Leanne Tyler , Bettendorf (limited appearance), for appellant.

Lynn W. Hartman and Nicholas D.K. Petersen of Simmons Perrine Moyer Bergman PLC, Cedar Rapids, for appellee U.S. Bank, N.A.

Timothy J. Krumm and Danica L. Bird of Meardon, Sueppel & Downer, P.L.C., Iowa City, for appellee MidWestOne Bank, as Conservator of the Joan Y. Bittner Marital Trust.

Mansfield, J., delivered the opinion of the court, in which all participating justices joined. Waterman and May, JJ., took no part in the consideration or decision of the case.

I. Introduction.

Contract interpretation can involve somewhat of a paradox. Extrinsic evidence may be used to interpret an integrated agreement but not to alter its terms. As a practical matter, this means that an agreement first needs to be examined by the court in light of relevant extrinsic evidence before such evidence...

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