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SCHROEDER v. FULLER

No. 83-1302.

354 N.W.2d 780 (1984)

Arletta SCHROEDER, Appellee, v. William J. FULLER and George W. Ellis, Individually, d/b/a Fuller and Ellis Pool Hall, Appellants.

Supreme Court of Iowa.

September 19, 1984.

Attorney(s) appearing for the Case

James Q. Blomgren and Jeanne K. Johnson of Clements, Blomgren & Pothoven, Oskaloosa, for appellants.

Greg A. Life, Oskaloosa, for appellee.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, CARTER and WOLLE, JJ.

McCORMICK, Justice.

We granted interlocutory review to address a question of first impression in Iowa under our summary judgment rules. The question concerns the authority of a trial court to consider an affidavit filed by the party resisting summary judgment later than the time of filing provided in Iowa Rule of Civil Procedure 237(c). We hold that the court has discretion to consider a late affidavit and that the court's discretion was not abused in considering...

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