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BIERKAMP v. ROGERS

No. 63797.

293 N.W.2d 577 (1980)

Jodi L. BIERKAMP, Appellee, v. Ricky Gene ROGERS, Appellant.

Supreme Court of Iowa.

As Amended June 27, 1980.

Attorney(s) appearing for the Case

Tom Riley and Iris E. Muchmore of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellant.

David P. McManus of Olinger, Sosalla & McManus, Cedar Rapids, for appellee.

Considered en banc.

REES, Justice.

The sole issue presented by this appeal is whether the Iowa guest statute, section 321.494, The Code,1 is violative of Article I, section 6, of the Iowa Constitution. We conclude that the statute is constitutionally offensive and affirm the ruling of the trial court.

On April 10, 1979, plaintiff Jodi Bierkamp filed a petition in three divisions alleging that she was a passenger in an auto driven by defendant Ricky...

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