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HENRY v. SHOBER

No. 96-914.

566 N.W.2d 190 (1997)

Janice HENRY and Donald Henry, Appellants, v. Joyce C. SHOBER, Appellee.

Supreme Court of Iowa.

July 23, 1997.

Attorney(s) appearing for the Case

Bruce L. Gettman, Jr. of Clark, Butler, Walsh & Hamann, Waterloo, and Mark W. Fransdal of Redfern, Mason, Dieter, Larsen & Moore, P.L.C., Cedar Falls, for appellants.

Darrell J. Isaacson and Richard R. Winga of Laird, Heiny, McManigal, Winga, Duffy & Stambaugh, P.L.C., Mason City, for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.

ANDREASEN, Justice.

Plaintiffs Janice and Donald Henry filed a personal injury action against defendant Joyce Shober, four days before the expiration of the statute of limitations. However, the Henrys did not serve the original notice and petition upon Shober until 169 days after the filing of the petition. Shober filed a motion to dismiss, claiming the Henrys failed to comply with Iowa Rule of Civil Procedure 49. The Henrys...

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