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AUDUBON-EXIRA v. ILL. CENT. GULF R. CO.

No. 68230.

335 N.W.2d 148 (1983)

AUDUBON-EXIRA READY MIX, INC., A Corporation, and Laura Toepfer Administratrix of Harold Wilfred Toepfer, Deceased; Laura Toepfer, Individually and Scott Toepfer, A Minor by His Mother and Next Friend, Appellants, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, A Corporation, and Roy Dishman, Appellees.

Supreme Court of Iowa.

June 15, 1983.

Attorney(s) appearing for the Case

Thomas L. McCullough, Sac City, and Robert D. Van Horne, of Terpstra, Wilkinson & Van Horne, Cedar Rapids, for appellants.

James L. Kramer of Johnson, Erb, Latham, Gibb & Carlson, P.C., Fort Dodge, for appellees.

Considered en banc.

HARRIS, Justice.

Although there are procedural discrepancies we may treat this as an interlocutory appeal from a trial court order dismissing two claims in a wrongful death suit. Harold Toepfer was killed when a truck he was driving collided with defendant's train. Among the claims were two for loss of consortium. On defendant's motion the trial court ruled, on the basis of our decision in Weitl v. Moes, 311 N.W.2d 259 (Iowa...

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