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REES v. DALLAS COUNTY

No. 84-1277.

372 N.W.2d 503 (1985)

Michael REES, Robyn Rees, and Robyn Rees, as Mother and Next Friend of Candice Rees, Plaintiffs, v. DALLAS COUNTY, Iowa, Defendant. DALLAS COUNTY, Iowa, Appellee, v. Ernest and Mona BARNES, Appellants.

Supreme Court of Iowa.

July 31, 1985.

Attorney(s) appearing for the Case

William L. Chaplin and Sheila K. Tipton of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellants.

Carlton G. Salmons of Austin & Gaudineer, Des Moines, for appellee.

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

REYNOLDSON, Chief Justice.

We granted this interlocutory appeal to examine a request that we abandon our rule requiring common liability as a prerequisite to contribution and indemnity. We decline to modify our rule and accordingly reverse the trial court's ruling.

June 25, 1984, plaintiff Michael Rees, his wife and child joined as plaintiffs in a petition at law seeking damages from Dallas County. They alleged that on the evening of May 12, 1984, Michael...

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