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House Journal: Page 1242: Tuesday, April 4, 1995

 3     2.  Page 19, line 34, by inserting after the word
 4   "expenses." the following:  "However, the plaintiff's
 5   liability to the defendant shall not be more than the
 6   same amount of all costs and expenses incurred by the
 7   plaintiff in bringing and maintaining the cause of
 8   action."
Amendment H-3587 lost.
Koenigs of Mitchell offered the following amendment H-3588 filed
by him and moved its adoption:
H-3588
 1     Amend House File 519 as follows:
 2     1.  Page 19, by striking lines 29 through 34 and
 3   inserting the following:
 4     "   .  If a defendant is a prevailing party in an
 5   action or proceeding based on a claim of nuisance
 6   which arises from an animal feeding operation, and if
 7   the court determines that the claim is frivolous, the
 8   plaintiff shall pay court costs and reasonable
 9   attorney fees incurred by the defendant."
10     2.  By renumbering as necessary.
Roll call was requested by Koenigs of Mitchell and Fallon of
Polk.
On the question "Shall amendment H-3588 be adopted?" (H.F. 519)
The ayes were, 45:
Arnold         	Bell           	Bernau         	Brand
Burnett        	Carroll        	Cataldo        	Cohoon
Coon           	Cormack        	Cornelius      	Daggett
Dinkla         	Doderer        	Drees          	Fallon
Garman         	Grundberg      	Hanson         	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	McCoy
Mertz          	Moreland       	Mundie         	Murphy
Myers          	Nelson, L.       	O'Brien        	Ollie
Running        	Schrader       	Shoultz        	Siegrist
Teig           	Thomson        	Warnstadt      	Weigel
Wise
The nays were, 51:
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Churchill
Corbett, Spkr.	Disney         	Drake          	Eddie
Ertl           	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Hahn           	Halvorson
Hammitt        	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Klemme
Kremer         	Lamberti       	Larson         	Lord
Main           	Martin         	Metcalf        	Meyer

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