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MIHALOVICH v. APPANOOSE COUNTY

No. 56167.

217 N.W.2d 564 (1974)

Dan G. MIHALOVICH, Appellant, v. APPANOOSE COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

April 24, 1974.

Attorney(s) appearing for the Case

Milani & Milani, Centerville, for appellant.

Francis J. Mullen, Chariton, for appellee.

Heard before MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.

HARRIS, Justice.

This is a suit for personal injuries arising from a one vehicle accident caused by a depression in a county road. A nonjury trial resulted in judgment for defendant by reason of a claimed failure to comply with section 613A.5, The Code (60 day notice requirement). The ruling included holdings which would require judgment for plaintiff except for the defense based on plaintiff's claimed failure to give notice.

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