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KLUGER v. GALLETT

No. 41968.

178 N.W.2d 900 (1970)

Gerald KLUGER, Appellant, v. Daniel L. GALLETT, Respondent, Thorndike Cafe, Inc., d. b. a. Buster's Bar, and the United States Fidelity and Guaranty Company, Respondents.

Supreme Court of Minnesota.

July 10, 1970.

Attorney(s) appearing for the Case

Bernard M. Harroun, Minnetonka, and Robert J. Munson, Minneapolis, for appellant.

Meagher, Geer, Markham & Anderson and O. C. Adamson, II, and Mary Jeanne Coyne, Minneapolis, for Daniel L. Gallett.

Hagglund & Johnson, Minneapolis, for Thorndike etc.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON, and JAMES F. MURPHY, JJ.

OPINION

PETERSON, Justice.

The sole issue of substance in this appeal is the interpretation and application of the Civil Damage Act. Minn.St. 340.95 provides:

"Every * * * person who is injured in person or property * * * by any intoxicated person * * * has a right of action, in his own name, against any person who, by illegally selling, bartering or giving intoxicating liquors, caused the intoxication of such person, for all damages, sustained...

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