ANDERSON v. NATIONAL BY-PRODUCTS, INC.

No. 51640.

135 N.W.2d 602 (1965)

Gerald O. ANDERSON, United States Fidelity & Guaranty Company, Appellees, v. NATIONAL BY-PRODUCTS, INC., Appellant.

Supreme Court of Iowa.

June 8, 1965.


Attorney(s) appearing for the Case

Jones, Cambridge, Carl & Howard, Atlantic, for appellant.

White, White & McMartin, Harlan, for appellees.


PETERSON, Justice.

This is an appeal by defendant granted by us pursuant to rule 332, R.C.P., 58 I.C.A., from interlocutory order refusing to dismiss plaintiffs' petition under R.C.P. 215.1, and to strike, because of delay in filing, an amended petition. We affirm the order appealed from.

I. Plaintiffs' action was commenced April 7, 1963. The case not having been tried, the clerk of the district court gave notice to counsel of record that it would be for trial...

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