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JACOBSON v. UNION STORY TRUST AND SAV. BANK

No. 68675.

338 N.W.2d 161 (1983)

Dennis Gene JACOBSON and Rebecca Jo Jacobson, Appellants, v. UNION STORY TRUST AND SAVINGS BANK, Executor of the Estate of Paul T. Spies, Deceased, Appellee.

Supreme Court of Iowa.

September 21, 1983.

Attorney(s) appearing for the Case

Paul H. Rosenberg of Rosenberg & Margulies, Des Moines, for appellants.

John B. Grier of Cartwright, Druker & Ryden, Marshalltown, for appellee.

Considered by REYNOLDSON, C.J., and HARRIS, McCORMICK, SCHULTZ, and CARTER, JJ.

SCHULTZ, Justice.

This appeal arises out of a grant of summary judgment to the defendant in tort action and illustrates the risks of commencing a lawsuit on the final day of the limitations period.

Dennis and Rebecca Jacobson, plaintiffs, were allegedly injured on February 16, 1979, when the automobile they were driving collided with a car driven by Paul Spies. On February 17, 1981, the day after a legal holiday and the last day before the expiration of the...

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