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ROBERTS v. TIMMINS

No. 62095.

281 N.W.2d 20 (1979)

Morris O. ROBERTS, d/b/a Ace Body Shop, Appellant, v. Terrance L. TIMMINS, Delmar E. Kentner, Thomas E. Corothers, Richard A. Wilford, Mark McEntaffer, Edward P. Wiltgen and John Doe, Appellees.

Supreme Court of Iowa.

Rehearing Denied July 20, 1979.

Attorney(s) appearing for the Case

Paul W. Deck and Robert B. Deck, of Deck & Deck, Sioux City, for appellant.

James L. Abshier, City Atty., and Michael S. Walsh, Asst. City Atty., Sioux City, for appellees.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, McGIVERIN and LARSON, JJ.

McGIVERIN, Justice.

The question presented is whether plaintiff's various tort claims against several Sioux City municipal employees, in their individual capacities, are subject to the notice requirements of section 613A.5, The Code 1975. Plaintiff's petition alleged the employees committed several acts which adversely affected his business and were willful, unauthorized and not within the scope of their employment. Trial court sustained the employees' motions to...

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