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SMITH v. BAULE

No. 59673.

260 N.W.2d 850 (1977)

Cyril SMITH and Clara J. Smith, Adminstrators of the Estate of Dennis E. Smith, Deceased, Cyril Smith and Clara J. Smith, Appellants, v. Charles L. BAULE, Louis C. Barrett, Dallas L. Murphy, Raymond J. Scherrman, Dubuque County, Iowa, a Municipal Corporation, Illinois Central Gulf Railroad, a Delaware Corporation, Flynn Ready-Mix Concrete Co., an Iowa Corporation, and Flynn Ready-Mix, Inc., an Iowa Corporation, Appellees.

Supreme Court of Iowa.

December 21, 1977.

Attorney(s) appearing for the Case

Steven L. Nelson of Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellants.

Robert Bertsch and Brendan T. Quann of O'Connor, Thomas, Wright, Hammer, Bertsch & Norby, Dubuque, for appellee, Illinois Central Gulf Railroad.

Considered en banc.

MOORE, Chief Justice.

Plaintiffs appealed trial court's dismissal of their wrongful death action as to defendant, Illinois Central Gulf Railroad, a Delaware corporation. They contend their amendment making said corporation a defendant should have related back to the date the original petition was filed. Trial court disagreed and held the action against the corporation was barred by Code section 614.1(2), the two-year statute...

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