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ERICKSON v. CHRISTENSEN

No. 59850.

261 N.W.2d 171 (1978)

Trevor Lee ERICKSON, A Minor by Eldon H. Erickson, His Father and Next Friend, and Eldon H. Erickson, Plaintiffs, v. Roger Glenn CHRISTENSEN, Defendant. Roger Glenn CHRISTENSEN, Cross-Petitioner-Appellee, v. Mrs. Mary VAN DORN, a/k/a Mrs. Mary Van Dorin, Defendant to Cross-Petition-Appellant.

Supreme Court of Iowa.

January 18, 1978.

Attorney(s) appearing for the Case

Thomas R. Eller, of Nash, Eller, Brink & Claussen, Denison, for defendant to cross-petition-appellant.

M. Gene Blackburn and William G. Enke, of Mitchell, Murray, Blackburn & Coleman, P. C., Fort Dodge, for cross-petitioner-appellee.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, UHLENHOPP, and HARRIS, JJ.

HARRIS, Justice.

The question is whether the subject of a counterclaim is too speculative to form a basis for a declaratory judgment action. The trial court determined there was no substantial controversy involved in the counterclaim of sufficient immediacy to warrant declaratory judgment. Hence the trial court dismissed the counterclaim. We affirm.

The controversy arose from an accident which occurred May 18, 1973...

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