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Employers Mutual Casualty Company
v.
John H. Smith
Appellant
Employers Mutual Casualty Company
Appellee
John H. Smith
Attorney for the Appellant
Matthew G. Novak and Stephanie L. Hinz
Attorney for the Appellee
William J. Bribriesco
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge. REVERSED AND REMANDED. Heard by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J., but decided by Vaitheswaran, P.J., Mahan, S.J., and Vogel, S.J. Opinion by Mahan, S.J. (8 pages)
Employers Mutual Casualty Company appeals from the ruling granting John H. Smith summary judgment in its breach-of-contract action. OPINION HOLDS: The district court erred in entering summary judgment for Smith because there is no identity of issues that would warrant the application of defensive issue preclusion. We reverse and remand for further proceedings.