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SEIBER v. STATE

No. 55833.

211 N.W.2d 698 (1973)

Everett L. SEIBER, as Administrator of the Estate of Billy Gene Seiber, Deceased, Appellant, v. The STATE of Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied December 13, 1973.

Attorney(s) appearing for the Case

Getscher, Redd & Getscher, Hamburg, for appellant.

Richard C. Turner, Atty. Gen., and Larry M. Blumberg, Asst. Atty. Gen., Des Moines, for appellee.

Considered en banc.

REES, Justice.

This appeal is from the order of the trial court sustaining defendant's motion for summary judgment.

The petition of the plaintiff alleges that plaintiff's decedent was driving south on U. S. highway 275 approximately 2 1/2 miles south of Sidney, at about 1:15 a. m. on April 1, 1969, when decedent's automobile collided with a deer, and was then forced into the path of an oncoming truck. Decedent was...

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