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PYLAND v. ASTLEY

No. 66662.

324 N.W.2d 323 (1982)

Juanita PYLAND and V. L. Pyland, Appellants, v. John C. ASTLEY and Lenora B. Astley, Defendants, and City of Adel, Appellee.

Supreme Court of Iowa.

September 29, 1982.

Attorney(s) appearing for the Case

Gerald H. Grask of Neiman, Neiman, Stone & Spellman, Des Moines, for appellants.

Theodore T. Duffield of Patterson, Lorentzen, Duffield, Timmons, Irish & Becker, Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, McGIVERIN, and CARTER, JJ.

UHLENHOPP, Justice.

This appeal involves the statutory notice requirement which applies in tort actions against municipalities, Iowa Code § 613A.5 (1979):

Every person who claims damages from any municipality or any officer, employee or agent of a municipality for or on account of any wrongful death, loss or injury within the scope of section 613A.2 or section 613A.8 or under common law shall commence an action therefor within six months, unless said...

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