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SCIESZINSKI v. CITY OF WILTON

No. 61180.

270 N.W.2d 450 (1978)

David Leo SCIESZINSKI, Appellant, v. CITY OF WILTON and Dwayne Rogers, Appellees.

Supreme Court of Iowa.

Rehearing Denied November 17, 1978.

Attorney(s) appearing for the Case

David Leo Scieszinski, appellant, pro se.

Rosenberger, Petersen, Conway & Petersen, Muscatine, for appellees.

Considered by UHLENHOPP, P. J., and McCORMICK, ALLBEE, McGIVERIN and LARSON, JJ.

UHLENHOPP, Justice.

We must decide here whether the filing of a petition tolls the statute of limitations when the plaintiff seeks and obtains delay in the service of the original notice.

On September 9, 1976, defendant Dwayne Rogers, a peace officer employed by defendant City of Wilton, Iowa, arrested plaintiff David Leo Scieszinski, charged him with driving while intoxicated, and held him in custody for eight hours. Mr. Scieszinski contemplated action for...

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