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CARSTENS v. CENTRAL NAT. BANK & TRUST CO.

No. 89-1721.

461 N.W.2d 331 (1990)

Constance CARSTENS, Craig Fillman, Caryn Hane, Rebecca Christensen, Robert Carlson, Ramona Bates, and Rhonda Carlson Behnken, Appellants, v. CENTRAL NATIONAL BANK & TRUST CO. OF DES MOINES n/k/a First Interstate Bank of Des Moines, N.A., Appellees.

Supreme Court of Iowa.

October 17, 1990.

Attorney(s) appearing for the Case

Peter C. Riley of Tom Riley Law Firm, P.C., Cedar Rapids, and Robert Horak of Horak & Rasmussen, Jefferson, for appellants.

Bryan L. Campbell and James M. Holcomb of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellees.

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

ANDREASEN, Justice.

Beneficiaries of the estate and testamentary trust of Emil P. Fillman brought this action against the co-executor and co-trustee bank. The petition, filed as a law action, asked damages based upon a breach of fiduciary duty, fraudulent misrepresentation, fraudulent concealment and negligence. A jury demand was filed by the beneficiaries.

The bank's motion to strike the jury demand was sustained by the district court. We granted interlocutory...

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