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MLYNARIK v. BERGANTZEL

No. 02-1348.

675 N.W.2d 584 (2004)

Jan R. MLYNARIK, Appellant, v. Terri BERGANTZEL, Appellee.

Supreme Court of Iowa.

February 25, 2004.

Attorney(s) appearing for the Case

Randall J. Shanks of Shanks Law Firm, Council Bluffs, for appellant.

Joseph J. Hrvol of Joseph J. Hrvol, P.C., Council Bluffs, for appellee.

TERNUS, Justice.

The plaintiff, Jan Mlynarik, filed suit to recover a contingency fee paid to the defendant, Terri Bergantzel, a nonlawyer, for services rendered by Bergantzel to Mlynarik in the negotiation of a settlement of Mlynarik's personal injury claim. The district court dismissed Mlynarik's suit on the defendant's motion to dismiss, ruling there was no legal basis for the plaintiff to recover fees already paid notwithstanding the fact the contract between...

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