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LYNCH v. BOGENRIEF

No. 2-57291.

237 N.W.2d 793 (1976)

Marcene F. LYNCH, Individually and as Administrator of the Estate of James Joseph Lynch, Plaintiff-Appellee, v. Harvey BOGENRIEF, as Secretary of the Board of Trustees of the City of Des Moines, Iowa, Defendant, and Pauline V. Lynch, Defendant-Appellant.

Supreme Court of Iowa.

Rehearing Denied February 17, 1976.

Attorney(s) appearing for the Case

Walter W. Selvy and David L. Phipps, of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for defendant-appellant.

Lee Gaudineer, Jr., of Austin, McDonald, Myers, Peterson & Gaudineer, Des Moines, for plaintiff-appellee.

Heard by MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and REYNOLDSON, JJ.

REYNOLDSON, Justice.

This controversy concerns the retirement system death benefits of a deceased Des Moines fireman, claimed by an ex-wife whom he named beneficiary during their marriage, and by his widow as the administrator of his estate, and (alternatively on an assignment theory) in her own right. Trial court ruled the benefits should go to the estate. Mindful of the ancient admonition that hard facts may make bad law, we are compelled to reverse.

Decedent...

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