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MILBANK MUT. INS. CO. v. VILLAGE OF ROSE CREEK

No. 44913.

225 N.W.2d 6 (1974)

MILBANK MUTUAL INSURANCE COMPANY, Appellant, v. VILLAGE OF ROSE CREEK, Minnesota, Respondent.

Supreme Court of Minnesota.

December 13, 1974.

Attorney(s) appearing for the Case

Wm. J. Nierengarten, Austin, for appellant.

Arthur, Chapman & McDonough, and Lindsay G. Arthur, Jr., Minneapolis, for respondent.

Heard before ROGOSHESKE, PETERSON, MacLAUGHLIN, SCOTT, and KNUTSON, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

Plaintiff, Milbank Mutual Insurance Company, by this action seeks contribution from defendant, the village of Rose Creek, the operator of a municipal liquor store, for one-half of $17,000 paid on behalf of plaintiff's insured, David Schmit, in settlement of a claim against him arising out of an automobile accident which resulted in the death of a passenger in the automobile operated by Schmit. The contribution sought is based upon the parties...

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