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McCLEEARY v. WIRTZ

No. 2-56321.

222 N.W.2d 409 (1974)

Flossie Beverley McCLEEARY, Executor of the Estate of Flossie L. Longstaff, and Flossie Beverley McCleeary, Executor of the Estate of John Longstaff, Appellants, v. Dwight C. WIRTZ, M.D. and Iowa Lutheran Hospital, Appellees.

Supreme Court of Iowa.

October 16, 1974.

Attorney(s) appearing for the Case

Stewart, Wimer, Brennan & Joyce by Joseph B. Joyce, Des Moines, for appellants.

Bradshaw, Fowler, Procter & Fairgrave by Kent M. Forney, Des Moines, for appellee Dwight C. Wirtz, M.D.

Patterson, Lorentzen, Duffield, Timmons, Irish & Becker by James A. Lorentzen, Des Moines, for appellee Iowa Lutheran Hospital.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, UHLENHOPP, and HARRIS, JJ.

RAWLINGS, Justice.

By action at law plaintiffs, John Longstaff and Flossie Longstaff, husband and wife, sought damages resulting from alleged negligence by defendants, Dr. Dwight C. Wirtz and Iowa Lutheran Hospital in Des Moines. Defendant hospital counterclaimed for value of services and supplies furnished Mrs. Longstaff. Upon the death of both aforesaid plaintiffs the executors of their respective estates, although one and the same party, became substitute plaintiffs...

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