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TICE v. WILMINGTON CHEMICAL CORPORATION

No. 51910.

143 N.W.2d 86 (1966)

Harold J. TICE, as Executor of the Estate of Gertrude M. Tice, Deceased, Appellee, v. WILMINGTON CHEMICAL CORPORATION, Appellant, and Joy & Johnson Auction Company, Leon E. Joy and Howard Johnson, Defendants.

Supreme Court of Iowa.

June 14, 1966.

Attorney(s) appearing for the Case

Frank W. Davis and Frank W. Davis, Jr., Des Moines, for appellant.

Carl A. Smedal and James A. Brewer, Ames, for appellee.

Supplemental Opinion.

RAWLINGS, Justice.

The opinion filed herein April 5, 1966, is hereby supplemented as follows:

Our prior opinion cited Flinn v. Western Mut. Life Ass'n, 187 Iowa 507, 510, 171 N.W. 711, as holding a defendant interposing a plea to the jurisdiction of the court has the burden to sustain that plea. The statement to this effect in the cited case is not approved.

We have held and now hold that when a defendant, by special appearance...

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