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MATTER OF ESTATE OF GEARHART

No. 97-1277.

584 N.W.2d 327 (1998)

In the Matter of the ESTATE OF Matthew GEARHART, Deceased. Corinne GEARHART, Individually, Appellant, v. Sarah GEARHART and Justin Gearhart, Appellees.

Supreme Court of Iowa.

September 23, 1998.

Attorney(s) appearing for the Case

Michael A. Sciortino of Sciortino, Vannier & Rater, Council Bluffs, for appellant.

Russell S. Wunschel and Dee Ann Wunschel of the Wunschel Law Firm, P.C., Carroll, for appellees.

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

TERNUS, Justice.

This case involves the appropriate apportionment of settlement proceeds paid for a claim made under the Federal Employers' Liability Act (FELA) based on the death of Matthew Gearhart. See 45 U.S.C. §§ 51-60 (1994). The district court reasoned that the settlement proceeds were personal property of the estate and therefore, distribution of the proceeds was governed by Iowa Code section 633.336 (1997).1 Accordingly...

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