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BALDWIN v. CITY OF WATERLOO

No. 84-1470.

372 N.W.2d 486 (1985)

Debra K. BALDWIN f/k/a Debra K. Henry, Appellant, v. The CITY OF WATERLOO, John R. Rooff, Jr., and Raymond White, Appellees.

Supreme Court of Iowa.

July 31, 1985.

Attorney(s) appearing for the Case

Paul T. Shinkle of Gottschalk, Shinkle & Long, Cedar Falls, for appellant.

David J. Dutton, Waterloo, for appellee City of Waterloo.

John T. McCoy, Waterloo, for appellee John R. Rooff, Jr.

Frederick G. White, Waterloo, for appellee Raymond White.

Robert W. Thompson, Reinbeck, and James E. Walsh, Jr. of Clark, Butler, Walsh & McGivern, Waterloo, for amicus curiae Estate of James L. Plaehn.

Considered en banc.

LARSON, Justice.

These interlocutory appeals present three issues: (1) whether a cross-petition against this estate is a "claim" required by Iowa Code section 633.410 to be filed within six months and, if so, whether "peculiar circumstances" existed so as to excuse a late filing; (2) whether Iowa Code section 668.4, limiting joint and several liability in certain circumstances, applied in this case; and (3) whether the alleged negligence of unidentified tortfeasors...

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