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ERICKSON BY ERICKSON v. SALAMA

No. 85-96.

379 N.W.2d 904 (1986)

Mindy ERICKSON, by her Mother and Next Friend, Penny A. ERICKSON; Penny A. Erickson; and Robert F. Erickson III, Appellants, v. Fouad A. SALAMA, M.D.; Fouad A. Salama, M.D., P.C.; and Foods, Inc., Appellees.

Supreme Court of Iowa.

January 15, 1986.

Attorney(s) appearing for the Case

Mark C. Smith, Mike Christensen, and H. Richard Smith and David H. Luginbill, of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Des Moines, for appellants.

Michael Figenshaw and David L. Jenkins, of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellees Salama.

W.C. Hoffmann and Joseph S. Cortese II, of Jones, Hoffmann & Davison, Des Moines, for appellee Foods, Inc.

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

McGIVERIN, Justice.

Plaintiffs appeal from an order of the district court denying their request for reinstatement of a civil action which had been automatically dismissed pursuant to Iowa Rule of Civil Procedure 215.1, contending that the clerk of court failed to give a "try or dismiss" notice to plaintiffs' counsel of record as provided in the rule. The determinative issue is whether both of plaintiffs' attorneys of record, who were not from the same law firm, were...

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