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ZERBY v. WARREN

No. 43565.

210 N.W.2d 58 (1973)

Louis D. ZERBY, as Trustee in the Matter of the Death of Steven J. Zerby, Respondent, v. Chester L. WARREN, d.b.a. Coast to Coast Store of Austin, Minnesota, et al., Defendants and Third-Party Plaintiffs, Appellants, v. Randy RIEKEN, Third-Party Defendant, Respondent, United States Plywood Corporation, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

August 10, 1973.

Attorney(s) appearing for the Case

O'Brien, Ehrick, Wolf, Deaner & Downing and Ted E. Deaner, Jr., Rochester, for appellants.

Wm. J. Nierengarten, Austin, for Zerby.

Hull & Hull and Robert G. Hull, Winona, for Rieken.

Faegre & Benson and Wright W. Brooks and W. James Fitzmaurice, Minneapolis, for U. S. Plywood Corp.

Heard and considered en banc.

KELLY, Justice.

This action was brought for the wrongful death of Steven J. Zerby, a 14-year-old minor, who died at Austin, Minnesota, on August 31, 1969, as a result of intentionally sniffing glue. The action was brought against Chester L. Warren, the owner of the Coast-to-Coast Store of Austin, and Robert Deike, his employed clerk, for selling the glue negligently and in violation of Minn. St. 145.38.

Thereafter, defendants Warren and Deike filed a third...

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