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MORRISON v. STATE

No. 54011.

179 N.W.2d 439 (1970)

Mary MORRISON, Executrix of the Estate of John R. Morrison, Deceased, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied October 12, 1970.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and David S. Sather, Special Asst. Atty. Gen., for appellant.

Wendell Pendleton, Storm Lake, and Alan Vest, Sac City, for appellee.

BECKER, Justice.

This is an action for wrongful death brought by the executor of the estate of John R. Morrison, M. D. The proceeding was commenced under the Iowa Tort Claims Act, Iowa Code, 1966, chapter 25A, was tried to the court and resulted in judgment for plaintiff. The State, as defendant, appeals. We affirm.

We adopt the State's succinct statement of facts:

"On August 7, 1965, units of the Iowa Army National Guard, including the 1063rd Aviation...

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