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PORTER v. GOOD EAVESPOUTING

No. 92-337.

505 N.W.2d 178 (1993)

David PORTER, Appellant, v. GOOD EAVESPOUTING d/b/a Good Construction Company, Appellee.

Supreme Court of Iowa.

Rehearing Denied September 21, 1993.

Attorney(s) appearing for the Case

John C. Conger of Wiggins & Anderson, P.C., West Des Moines, for appellant.

John B. Grier of Cartwright, Druker & Ryden, Marshalltown, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, NEUMAN, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

The district court denied the plaintiff's motion for leave to amend because the plaintiff had failed to show that notice of the suit had been given to the prospective defendants "within the period provided by law for commencing the action." See Iowa R.Civ.P. 89. The court also granted the defendant's motion for summary judgment because the named defendant was not a legal entity. On appeal, the court of appeals affirmed the trial court. Upon...

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