Legal Opinion

Interstate Power Co. v. Waukon Manor, Inc.

Court of Appeals of Iowa

Decided August 23, 1989No. 88-1163PublishedCited by 2 opinions

1Opinion of the Court

SCHLEGEL, Judge.

Appellant appeals the decision of the district court which entered judgment against it for $32,751. Appellant raised the affirmative defenses of statute of limitations, es-toppel, laches, accord and satisfaction, and unconstitutionality. These were denied in an adjudication of law points where the district court found a defense of material economic hardship was barred as a matter of law. We reverse.

Iowa Code section 476.5 provides that a public utility shall not “charge a greater or less compensation for its services than that prescribed in its tariffs” and shall not “subject…

2Cases cited4 opinions

  1. Iowa Southern Utilities Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1985
  2. Cummings Sand & Gravel Co. v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1918
  3. Iowa Electric Light & Power Co. v. Wendling Quarries, Inc.Supreme Court of Iowa · 1986
  4. Heuer Truck Lines v. BrownleeSupreme Court of Iowa · 1948

3Cited by2 opinions

  1. Cincinnati Gas & Electric Co. v. Joseph Chevrolet Co.Ohio Court of Appeals · 2003
  2. Torch Energy Marketing, Inc. v. Pacific Gas & Electric Co.District Court, S.D. Texas · 2003

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