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SARVOLD v. DODSON

No. 2-57067.

237 N.W.2d 447 (1976)

Lyle SARVOLD, Appellant, v. Terry Lee DODSON, Appellee.

Supreme Court of Iowa.

January 21, 1976.

Attorney(s) appearing for the Case

Shaw, Shaw & Beneke by Donald G. Beneke, Laurens, for appellant.

Fitzgibbons Brothers, Estherville, for appellee.

Heard by MOORE, C. J., and LeGRAND, REES, REYNOLDSON and McCORMICK, JJ.

MOORE, Chief Justice.

Plaintiff appeals dismissal of Count (Division) I of his petition for failure to state a cause of action for abuse of process. We find the trial court applied the wrong rule of law in sustaining defendant's motion to dismiss plaintiff's Count I and accordingly reverse and remand.

I. Count I of plaintiff's three Count petition alleges a cause of action for abuse of process, Count II alleges a cause of action for malicious prosecution and...

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