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DON WYNGARDEN vs. STATE OF IOWA JUDICIAL BRANCH, JOHN WAUTERS, and BRUCE BUTTELCOURT OF APPEALS OF IOWA |
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Wyngarden, who was born in 1951, was employed as a juvenile court officer |
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GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department |
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When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court: |
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SHANNON DUNCAN vs. FORD MOTOR CREDIT, REPOSSESSORS, INC. and BRUCE SHORES |
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On March 5, 2008, Duncan purchased a 2008 Ford Edge from Decorah |
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STATE OF IOWA vs. DONALD LEROY STEELE |
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According to the minutes of evidence, on New Year’s Eve of 2015, Des |
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STATE OF IOWA vs. BETTY ANN NALLIowa Supreme Court, Iowa Court of Appeals, |
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The following facts are drawn from the minutes of testimony and the defendant’s in-court admissions. FECR268551. On August 2, 2012, Betty Ann Nall visited Earlham Bank in Des Moines and opened an account with a counterfeit U.S. postal money order in the amount of $890. Nall had received the money order from an internet secret shopper program that she suspected was a scam. On August 3, Nall dep... More... $0 (05-07-2017 - IA) |
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United States of America v. Leroy Jones
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Cedar Rapids, IA - Iowa Farmer Sentenced to Federal Prison for Farm Loan Fraud |
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United States of America v. Jeffrey Lewis DeWitt | |||
Des Moines, IA - Ottumwa Man Sentenced to Twenty-Four Months in Prison and Ordered to Pay $395,968.20 in Restitution for Cattle Fraud Scheme |
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STATE OF IOWA vs. DONALD BENJAMIN EARL REED | |||
In this appeal, we review a twenty-seven-year-old defendant’schallenges to his sentence of up to 100 years for drug dealing, child endangerment, and possession of firearms. The jury found the defendant guilty on those offenses, which he committed as an adult. The firearm conviction automatically doubled the sentence for his cocaine offense from twenty-five to fifty years. The district court had... More... $0 (02-26-2016 - IA) |
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United States of America v. Andrew Hansen | |||
Cedar Rapids, IA - Decorah Man Sentenced for Selling Goats and Farm Equipment Pledged as Collateral for a Federal Farm Loan |
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KEVIN PRUISNER vs. RODNEY BALLHAGEN | |||
Starting in August 2005, Pruisner and Ballhagen entered into a contract1 |
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United States of America v. Andrew Hansen | |||
Cedar Rapids, IA - Northeast Iowa Man Pleads Guilty to Selling Assets Pledged as Collateral for a Farm Loan |
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CSS2 ENTERPRISE, INC. vs. FARMERS COOPERATIVE COMPANY, STEVE MUHLENBRUCH, and NEW COOPERATIVE, INC | |||
CSS2 is a small farming corporation. Steve Muhlenbruch is the agronomy |
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Sprint Communications Co. v. Elizabeth S. Jacobs | |||
Under the Telecommunications Act of 1996, local exchange carriers such as Windstream Iowa Communications, Inc. (Windstream) must connect calls made to their customers by the customers of national telecommunications companies such as Sprint. Prior to 2009, Sprint paid Windstream state access charges for connecting nonnomadic intrastate long-distance VoIP calls—that is, calls made by cabletelephone... More... $0 (08-15-2015 - IA) |
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RSA 1 Limited Partnership v. Paramount Software Associates | |||
In this breach-of-contract case, two cellular-service providers dispute whether |
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In re the Marriage of Terry L. Carlson and William J. Carlson | |||
A former husband appeals from the entry of a military pension division order, contending the order violates federal law prohibiting the division of disability benefits. See 10 U.S.C. § 1408(a)(4)(C) (defining “disposable retired pay,” which is subject to division, and specifically excluding disability pay). For the reasons that follow, we modify the military pension division order. |
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Real Estate Title Closing and Title Services, Inc. d/b/a Patriot Title and Escrow | |||
Real Estate Title Closing and Title Services, also known as Patriot Title and Escrow (Patriot), appeals the district court’s grant of the motion to dismiss filed by Trio Solutions, LLC (Trio). Patriot asserts the court erred in finding claim preclusion prohibited Patriot from bringing its current claim of replevin, arguing that the replevin action could not have been brought in the first breach ... More... $0 (02-11-2015 - IA) |
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David A. Aschliman v. Rodney Hettinger | |||
David Aschliman appeals a judgment decree and order adverse to him and in favor of Rodney Hettinger in this real estate dispute. We affirm the judgment of the district court. |
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Kristine Sink v. State of Iowa, et al. | |||
Des Moines, IA - Kristine Sink sued the Iowa Department of Corrections on a civil rights violation theory claiming that she was sexually harassed after inmates were repeatedly allowed to watch sexually graphic and violent movies. She also claimed that she was retaliated against and discriminated against by Corrections officials after she complained. |
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Jerry Westcott v. Roger Malli | |||
Roger Malli appeals the district court’s finding that Jerry Westcott and Darlene Westcott are the legal title holders to 2.9 acres of disputed land. Malli argues the Westcotts failed to prove by clear and convincing evidence they adversely possessed the property, and consequently, the district court erred in dismissing Malli’s counterclaims of trespass and conversion. Malli further argues the ... More... $0 (03-12-2014 - IA) |
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Dennis Mart v. Mike Mart | |||
Farmland landlords appeal from the denial of this forcible entry and detainer action. Where the farm tenant cured his material breach by restoration of wetlands and the landlords1 incurred no damages, the landlords are not entitled to forcible entry and detainer. |
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Robert L. Kettler v. The Security National Bank of Sioux City | |||
In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate th... More... $0 (09-21-2011 - IA) |
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Annett Holdings, Inc. v. Kum & Co., L.C. | |||
A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee’s bogus explanation that the money was for other employees’ fuel purcha... More... $0 (07-08-2011 - IA) |
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Jim Gibler v. Roseman's Inc. | |||
On March 1, 2004, Jim Gibler, Thomas Hull, and Lori Byers purchased the stock of Rosenman’s, Inc., a corporation that operated a scrap metal storage yard in Ottumwa.1 At the same time the parties each signed a promissory note for the purchase of their stock and a stock restriction agreement, limiting their ability to sell or transfer the stock. The corporation adopted amended bylaws. |
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Attorney's Process and Investigation Services, Inc. v. Sac & Fox Tribe Mississippi in Iowa | |||
After Attorney's Process and Investigation Services, Inc. (API), a Wisconsin corporation which provides security and consulting services to casino operators, was sued in tribal court by the Sac and Fox Tribe of the Mississippi in Iowa (the Tribe), API brought this action seeking a declaratory judgment that the tribal court lacked jurisdiction and an order compelling arbitration. The Tribe's lawsui... More... $0 (07-07-2010 - IA) |
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Randal McCullough v. Aegon USA | |||
Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More... $0 (11-03-2009 - IA) |
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Wilson Bros.-Dubuque, Inc. and Wilson Bros. Leasing Co. v. John P. Wilson | |||
John P. Wilson appeals from the judgment entered by the district court against him and in favor of Wilson Brothers-Dubuque, Inc. (Wilson Brothers) in the amount of $191,708.42. He contends substantial evidence does not support the award. We affirm in part, reverse in part, and remand for further proceedings. |
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Kaye Dell d/b/a E.J.'s Legacy v. E. Bud Corieri | |||
Kaye Dell operated her business, E. J.‟s Legacy, in real estate she leased from E. Bud Corieri pursuant to a written lease. The lease, which ran for three years from September 10, 1998 to September 9, 2001, and was then extended for three years, expired September 9, 2004. On September 11, 2004, the portion of the property in which Dell had operated her business1 was damaged by fire. |
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WSH Properties, L.C.C. v. Curt N. Daniels and Indian Creek Corporation | |||
The defendants appealed the trial court’s denial of their motion for new trial, claiming the jury’s excessive damage award was the result of passion. The court of appeals held the trial court abused its discretion in ordering a remittitur rather than a new trial in view of the trial court’s impression the jury was motivated by anger and a desire to punish the defendants. We granted further r... More... $107000 (10-21-2008 - IA) |
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Dorothy Clark v. U.S. Dept. of Agriculture | |||
Appellant Dorothy L. Clark appeals the district court’s1 refusal to grant a declaratory judgment and set aside a United States Department of Agriculture (USDA) determination that she converted wetlands in violation of the Swampbuster provisions of the Food Security Act of 1985, codified as amended at 16 U.S.C. §§ 3801, 3821-24 (2000). Because the USDA determined she had converted wetlands, Cla... More... $0 (08-13-2008 - IA) |
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Tony Blackford v. Prairie Meadows Racetrack and Casino | |||
Tony Blackford sued the Prairie Meadows Racetrack and Casino on a conversion theory claiming that the Casino had not right to refuse to pay him the $10,000 that he thought that he had won playing slot machines at the casino on May 5, 2006. Defendant asserted that Blackford was not entitled to the money because he was trespassing when he won the money, having been banned from the property i... More... $0 (04-02-2008 - IA) |
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NE Iowa Ethanol v. Jerry Drizin | |||
Following a bench trial, Jerry Drizin appeals the district court's1 order and judgment in favor of Northeast Iowa Ethanol, L.L.C. (NIE), holding him liable for $3.8 million in compensatory damages and $7.6 million in punitive damages for misappropriating funds. Having carefully reviewed the parties' arguments and the record on appeal, we affirm. To begin, we hold that the court did no... More... $3800000 (09-18-2007 - IA) |
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Tammy Powell v. Yellow Book USA, Inc., Victoria Kreutz | |||
After the district court1 granted summary judgment to Yellow Book USA, Inc., and Victoria Kreutz (now Victoria Hammon) on all of Tammy Powell's employmentrelated claims, she appealed. We affirm. I. Ms. Powell began her employment at Yellow Book as a data-entry processor. After an interview, Yellow Book promoted her to a financial service representative. In this new job she sat n... More... $0 (04-26-2006 - IA) |
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Midwest Oilseeds v. Limagrain Genetics | |||
The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable genetic m... More... $40892353 (10-28-2004 - IA) |
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Donna Zeigler v. Fleetguard, Inc. and Travelers Insurance Company | |||
Donna Zeigler, an employee of Fleetguard, Inc., was awarded workers' compensation benefits. The district court on judicial review modified and affirmed the award. Fleetguard and its insurer Travelers Insurance Company (collectively Fleetguard) appealed and Zeigler cross-appealed. We affirm on both appeals. I. Facts and Prior Proceedings. Zeigler sustained various injuries whil... More... $0 (03-12-2004 - IA) |
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MARY M. RIEFF, Appellee, vs. JOHN E. EVANS, et al. | |||
The defendants appeal and the plaintiff cross-appeals from a district court ruling on the plaintiff's demand for a jury trial. The district court granted a jury trial as to one issue, but denied it as to another. The defendants were granted an interlocutory appeal, and the plaintiff cross-appealed. We affirm on the defendants' appeal, reverse on the plaintiff's cross-appeal, and remand for furt... More... $0 (12-17-2003 - IA) |
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Phil Watson, P.C. v. Peterson | |||
Gregory Peterson left the law firm with which he had been associated and joined a new firm. He continued to represent several clients with whom he had been working in his old firm. The firm, Phil Watson, P.C. (Watson), sued Peterson, his new partnership, Elverson, Vasey, and Peterson, L.L.P. (EVP), and the partners individually, on several theories, and the defendants counterclaimed. The district ... More... $50966 (09-05-2002 - IA) |
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Carolyn Slocum vs. Firstar Bank of Cedar Rapids, f/k/a The Merchants National Bank of Cedar Rapids | |||
Defendant Firstar Bank of Cedar Rapids, f/k/a Merchants National Bank of Cedar Rapids,[1] appeals, and plaintiff Carolyn Slocum cross-appeals, from a judgment for Slocum following trial on her action for conspiracy and conversion based on the repossession of her vehicle. The bank contends (1) it was entitled to a directed verdict on the conspiracy claim because it had no knowledge of any forgery ... More... $186200 (05-31-2002 - IA) |
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Condon Auto Sales & Service, et al. v. William Crick et al. | |||
Employment - Conversion - Breach of Loyalty - Bill Crick was hired as the used car sales manager for Condon Auto in March 1995. Crick had previously worked for other car dealerships in Sioux City, including Wisner's Auto World, Inc., and was employed by a dealership in Kentucky just prior to his employment with Condon Auto. ... More... $56635 (12-22-1999 - IA) |