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GOEBEL v. CITY OF CEDAR RAPIDS

No. 60408.

267 N.W.2d 388 (1978)

Janet M. GOEBEL, Executor of the Estate of Melvin L. Goebel, Connie M. Goebel, Jeffrey C. Goebel, Jodie A. Goebel and Michael L. Goebel, minors by their Mother and Next Friend, Janet M. Goebel and Janet M. Goebel, Individually, Jean Simon, Administrator of the Estate of Robert A. Simon and Jean Simon, Individually, Appellees, v. CITY OF CEDAR RAPIDS, Appellant.

Supreme Court of Iowa.

June 28, 1978.

Attorney(s) appearing for the Case

Robert C. Tilden, Stephen J. Holtman, and Iris E. Muchmore, Cedar Rapids, for appellant.

Wayne C. Collins and Richard S. Fry, Cedar Rapids, for appellees.

Considered by MOORE, C. J., and RAWLINGS, LeGRAND, HARRIS and McCORMICK, JJ.

McCORMICK, Justice.

We granted this interlocutory appeal to decide whether persons who receive benefits under Code chapter 411 are barred from maintaining a tort action against the city based on the same injury. Chapter 411 provides comprehensive disability and pension benefits for firemen and policemen under civil service as well as accidental death benefits for their beneficiaries. Plaintiffs are the estate representatives, wives and children of two firemen who...

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