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STRUEBIN v. STATE

No. 66836.

322 N.W.2d 84 (1982)

Ronald STRUEBIN, Ancillary Administrator of the Estate of Joel F. Struebin, deceased; Kathleen S. Potter, Ancillary Administrator of the Estate of James K. Potter; and Davenport Bank and Trust, Ancillary Administrator of both Estates, Appellees, v. STATE of Iowa, Appellee, and State of Illinois, Appellant.

Supreme Court of Iowa.

July 21, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Atty. Gen., and A. L. Zimmer, Asst. Atty. Gen. of Ill., Springfield, Ill., for appellant.

Rand S. Wonio of Lane & Waterman, Davenport, for appellees Struebin, Potter, and Davenport Bank and Trust.

Thomas J. Miller, Atty. Gen., and Robert J. Huber, Asst. Atty. Gen., for appellee State of Iowa.

Considered en banc.

McCORMICK, Justice.

The questions here are whether principles of constitutional law or comity required the trial court to sustain the special appearance of defendant State of Illinois in this wrongful death tort action. We granted interlocutory appeal of the court's order overruling the special appearance in order to decide these issues of first impression in Iowa. Because we find that the principles relied on by Illinois do not bar the action, we affirm the trial...

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