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BERENGER v. FRINK

No. 65455.

314 N.W.2d 388 (1982)

Michelle Deanne BERENGER, As Administrator of the Estate of Donald Dean Berenger, Deceased, Appellee, v. L. R. FRINK, W. H. Myerly, and Spencer Municipal Hospital, Appellants.

Supreme Court of Iowa.

January 20, 1982.

Attorney(s) appearing for the Case

David E. Funkhouser and Jack Paige of Brown, Kinsey & Funkhouser, Mason City, and Francis Fitzgibbons of Fitzgibbons Brothers, Estherville, for appellants.

Mark S. Soldat of Soldat & Braunschweig, Algona, for appellee.

Considered en banc.

McGIVERIN, Justice.

Pursuant to Iowa R.App.P. 2(a), defendants L. R. Frink, W. H. Myerly and Spencer Municipal Hospital applied for interlocutory appeal from trial court's denial of their motion for partial summary judgment. Plaintiff Michelle Deanne Berenger, as administrator of the estate of Donald Dean Berenger, deceased, applied for permission to appeal under the same rule. We granted both applications and now affirm trial court's denial of defendants' motion...

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