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MONTGOMERY v. POLK COUNTY

No. 62298.

278 N.W.2d 911 (1979)

May MONTGOMERY, Appellant, v. POLK COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

May 30, 1979.

Attorney(s) appearing for the Case

Michael J. Cunningham of Bertroche & Hagen, Des Moines, and Robert J. Bothe of Garvey, Nye, Crawford, Kirchner & Moylan, Omaha, Neb., for appellant.

Dan L. Johnston, Polk County Atty., and Thomas P. Lenihan, Asst. Polk County Atty., for appellee.

Considered en banc.

UHLENHOPP, Justice.

The decisive issue in this appeal is whether the discovery rule applies to cases under our Municipal Tort Claims Act, chapter 613A, The Code 1977. See Chrischilles v. Griswold, 260 Iowa 453, 150 N.W.2d 94 (1967).

I. Although defendant Polk County, Iowa, presses other evidence to our attention, the following may be taken as established for purposes of the appeal. On November 11, 1976, officers arrested...

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