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SCHNEBLY v. ST. JOSEPH MERCY HOSP. OF DUBUQUE, IOWA

No. 53151.

166 N.W.2d 780 (1969)

Kelly SCHNEBLY, a Minor by Orvin H. Schnebly and Wanda Schnebly, Natural Guardians and Next Friends, Orvin H. Schnebly and Wanda Schnebly, Individually, Plaintiffs, v. ST. JOSEPH MERCY HOSPITAL OF DUBUQUE, IOWA, an Iowa Corporation, George T. Joyce, Paul H. Potter and John M. Baker, Defendants. George T. JOYCE and Paul H. Potter, Defendants-Appellants, v. John M. BAKER and T. J. Irish, Jr., Defendants on Cross-Petition, T. J. Irish, Jr., Defendant on Cross-Petition-Appellee.

Supreme Court of Iowa.

April 8, 1969.

Attorney(s) appearing for the Case

Brown, Dresser & Kinsey, Mason City, for defendants-appellants.

Westfall, Laird, Burington, Bovard & Heiny, Mason City, for defendant on cross-petition-appellee.

MOORE, Justice.

This is an appeal from the trial court's order sustaining the special appearance of Dr. T. J. Irish, Jr., defendant to the cross-petition of Drs. George Joyce and John Baker. For brevity and clarity we shall refer to Dr. Irish as appellee and to cross-petitioners as appellants.

The facts essential to a proper disposition of this appeal are that plaintiffs filed an amended and substituted petition on July 19, 1967, alleging appellants, among...

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