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WALKER STATE BANK v. CHIPOKAS

No. 2-56604.

228 N.W.2d 49 (1975)

WALKER STATE BANK, Walker, Iowa, Appellant, v. C. L. CHIPOKAS, Appellee.

Supreme Court of Iowa.

April 16, 1975.

Attorney(s) appearing for the Case

Keyes & Crawford, Cedar Rapids, for appellant.

Wadsworth, Elderkin, Pirnie & Von Lackum, Cedar Rapids, for appellee.

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

LeGRAND, Justice.

Prior to July 1, 1973, a plaintiff's failure to file his petition at the time stated in an original notice subjected him to the risk of having the case dismissed under Rule 55, Rules of Civil Procedure, which then provided as follows:

"If the petition is not filed as stated in the original notice served, any defendant may have the case dismissed as to him, without notice, at plaintiff's cost; and may docket it for this purpose by filing...

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