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DAVENPORT BANK & TRUST v. CITY OF DAVENPORT

No. 66022.

318 N.W.2d 451 (1982)

DAVENPORT BANK & TRUST COMPANY, Executor of the Estate of Ruth M. Simmons, Deceased, Appellant, v. CITY OF DAVENPORT, Iowa, Appellee.

Supreme Court of Iowa.

April 21, 1982.

Attorney(s) appearing for the Case

Michael J. McCarthy of McCarthy & Hart, Davenport, for appellant.

Seymore M. Raben of Raben, Liebbe, Shinkle & Bremer, Davenport, for appellee.

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

UHLENHOPP, Justice.

This case involves a challenge to the jurisdiction of the district court to set aside a default entry after having previously refused to do so.

Ruth M. Simmons was killed on January 29, 1979, when struck by a vehicle owned by the City of Davenport, Iowa, and operated by a city employee. Her executor alleges that the employee was negligent. The city alleges that Simmons was not in a crosswalk, was contributorily negligent, and created an...

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