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EVJEN v. BROOKS

No. 83-1441.

365 N.W.2d 52 (1985)

George M. EVJEN, Administrator of the Estate of Mark Allen Evjen, Deceased, Plaintiff-Appellant, v. Philip D. BROOKS, Administrator of the Estate of Mark J. Pauly, Deceased; Southland Corporation; and the 7-Eleven, Mt. Vernon Rd. S.E., Cedar Rapids, Linn County, Iowa, Defendants-Appellees.

Court of Appeals of Iowa.

January 29, 1985.

Attorney(s) appearing for the Case

Ralph W. Koons, Cedar Rapids, for plaintiff-appellant.

Robert R. Rush and John C. Monroe of Lynch, Dallas, Smith & Harman, Cedar Rapids, for defendant-appellee Brooks.

Craig A. Levien of Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, for defendants-appellees Southland and 7-Eleven.

Heard by OXBERGER, C.J., and SNELL and SACKETT, JJ.

SNELL, Judge.

Decedents Mark Pauly and Mark Evjen were killed in a car accident on March 14, 1982, in Linn County, Iowa. Pauly was the driver of the car and Evjen was the passenger. Estates for both men were opened in Linn County. On May 1, 1982, the second notice to creditors in the Pauly Estate was published. On May 10, 1983, the administrator of the Evjen Estate filed a petition with the Linn County Clerk of Court against the administrator of the Pauly Estate....

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