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BRODY v. RUBY

No. 60842.

267 N.W.2d 902 (1978)

Sidney BRODY, M. D., Appellant, v. Marilyn RUBY et al., Appellees.

Supreme Court of Iowa.

June 28, 1978.

Attorney(s) appearing for the Case

Michael C. Vinyard, Ottumwa, for appellant.

D. M. Elderkin and David A. Elderkin, of Wadsworth, Elderkin, Pirnie & Von Lackum, Cedar Rapids, for appellees.

Considered by MOORE, C. J., and MASON, REES, UHLENHOPP, and REYNOLDSON, JJ.

REYNOLDSON, Justice.

This is a suit by a physician, Dr. Sidney Brody, against the former plaintiff (Marilyn Ruby) and her lawyers in a prior action for malpractice against Dr. Brody and others. The malpractice action, arising out of the death of Mrs. Ruby's husband, was settled without direct participation of Dr. Brody. It then was dismissed with prejudice as to all defendants.

In several counts, this petition alleged defendants wrongfully instituted the malpractice...

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