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VILLAGE OF BROOTEN v. CUDAHY PACKING COMPANY

No. 16367.

291 F.2d 284 (1961)

VILLAGE OF BROOTEN, a Municipal Corporation, Appellant, v. CUDAHY PACKING COMPANY, a corporation, and The Travelers Indemnity Company, a corporation, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 10, 1961.

Attorney(s) appearing for the Case

Rolland L. Thorson, Minneapolis, Minn., for appellant. Carroll, Thorson, Anderson & Cronan, Minneapolis, Minn., on the brief.

A. R. Johanson, Wheaton, Minn., for appellee. Johanson, Winter & Lundquist, Wheaton, Minn., on the brief.

Before JOHNSEN, Chief Judge, and VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

BLACKMUN, Circuit Judge.

This diversity action is one instituted by Cudahy Packing Company and its liability insurer, The Travelers Indemnity Company, against the Village of Brooten in Stearns County, Minnesota. The Village owns and operates a "liquor store" where it sells intoxicating liquors both "off sale" and "on sale". The suit rests on the Minnesota Civil Damage (or "dram shop") Act, now § 340.95 of Minnesota Statutes Annotated.1

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