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LUNDBERG v. ALLEN

No. 54055.

176 N.W.2d 775 (1970)

Charles R. LUNDBERG, Appellee, v. James G. ALLEN, Appellant.

Supreme Court of Iowa.

May 5, 1970.

Attorney(s) appearing for the Case

Thomas L. McCullough, Sac City, and Russell Wunschel, Carroll, for appellant.

McCarville, Bennett & Ferguson, Fort Dodge, for appellee.

LARSON, Justice.

This is an interlocutory appeal from a refusal to dismiss and an adjudication by the trial court under rule 105, Rules of Civil Procedure, that under the facts of this case section 598.16 of the 1966 Code did not bar plaintiff's action for damages for alienation of affection of plaintiff's former wife.

I. Section 598.16 provides: "When a divorce is decreed the guilty party forfeits all rights acquired...

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