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PERCIVAL v. BANKERS TRUST CO.

No. 89-94.

450 N.W.2d 860 (1990)

Michael PERCIVAL, Patricia Shors, Mary Brennan, Jeani Prior and Peter Percival, Appellants, v. BANKERS TRUST COMPANY and Lydia Ann Percival, Appellees.

Supreme Court of Iowa.

January 24, 1990.

Attorney(s) appearing for the Case

Dennis D. Jerde and Stanley J. Thompson of Davis, Hockenberg, Wine, Brown, Koehn & Shors, Des Moines, for appellants.

Thomas L. Flynn and Thomas T. Tarbox of Wimer, Hudson, Flynn & Neugent, P.C., Des Moines, for appellee Bankers Trust Co.

Roger J. Kuhle and Steven C. Despotovich of Kuhle and Sanders, P.C., Des Moines, for appellee Lydia Ann Percival.

Considered en banc.

NEUMAN, Justice.

This is an appeal from a district court order that sustained a pre-answer motion to dismiss for lack of personal jurisdiction in an action to set aside a trust agreement because of alleged undue influence in its execution. We reverse and remand for further proceedings.

I. Iowa Rule of Civil Procedure 104(a) governs challenges to the personal jurisdiction of the court, formerly known as a "special appearance." See Iowa R.Civ.P. 66 (abolishing...

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