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PROCHASKA v. IOWA STATE UNIVERSITY

No. 88-196.

433 N.W.2d 302 (1988)

Margaret Ann PROCHASKA, Appellant, v. IOWA STATE UNIVERSITY, Appellee.

Supreme Court of Iowa.

As Corrected March 1, 1989.

Attorney(s) appearing for the Case

Stephen M. Engelhart, Denison, and Bruce Lundy Butler, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., and Greg Knoploh, Asst. Atty. Gen., for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO and SNELL, JJ.

LARSON, Justice.

The narrow issue presented in this appeal is whether a "try-or-dismiss" order, entered on the mistaken assumption that a case is subject to dismissal under Iowa Rule of Civil Procedure 215.1, results in automatic dismissal when the case is not tried on the date set. The district court held that it did, and the plaintiff appealed. We reverse and remand.

On October 10, 1985, Margaret Prochaska filed her petition against Iowa State University...

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