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IN RE ESTATE OF KELLY

No. 02-1578.

671 N.W.2d 463 (2003)

In the Matter of the ESTATE OF Philip T. KELLY, Deceased, David C. Bauer, Executor of the Estate of Philip T. Kelly, Appellant, v. Robert H. Forrester, Appellee.

Supreme Court of Iowa.

November 13, 2003.

Attorney(s) appearing for the Case

James M. Heckmann of James M. Heckmann Law Offices, P.C., Dubuque, for appellant.

Thomas C. Verhulst of Gallagher, Langlas, Gallagher, P.C., Waterloo, for appellee.

LARSON, Justice.

The executor of the estate of Philip Kelly challenges the district court's denial of his motion for summary judgment against a claimant in the estate. The claimant, Robert Forrester, challenges the court's failure to grant his cross-motion for summary judgment. We affirm the denial of the estate's motion for summary judgment and remand for entry of a judgment in favor of the claimant.

I. Facts and Prior Proceedings.

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