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MATTER OF ESTATE OF STODOLA

No. 93-0728.

519 N.W.2d 97 (1994)

In re the Matter of the ESTATE OF James W. STODOLA, Deceased, Joyce KONICEK, Claimant, Appellee, v. Sharee Kae LIND, Executor of the Estate of James W. Stodola, Appellant.

Court of Appeals of Iowa.

April 26, 1994.

Attorney(s) appearing for the Case

Michael E. Sheehy and Gerald J. Kucera of the Tom Riley Law Firm, Cedar Rapids, for appellant.

Stephen C. Nelson of Moyer & Bergman, Cedar Rapids, for appellee.

Heard by DONIELSON, P.J., SACKETT, J., and CRITELLI, S.J., but decided by DONIELSON, C.J., and HAYDEN, SACKETT, HABHAB, CADY and HUITINK, JJ.

SACKETT, Judge.

The focal question in this appeal is whether claimant-appellee Joyce Konicek and decedent James W. Stodola were married by common law. The case was tried to a jury. The jury found Joyce and James were married by common law. Appellant Sharee Kae Lind, executor of the estate of James W. Stodola, has appealed this decision and contends: (1) a summary judgment asking the trial court to give a decision by the United States Tax Court preclusive effect should...

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