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BAKKE v. RAINBOW CLUB, INC.

No. 44642.

235 N.W.2d 375 (1975)

Hattie BAKKE, as Trustee for the Heirs and Next of Kin of Richard Jorgenson, et al., Appellants, Jonathan Jorgenson, by Hattie Bakke, His Guardian Ad Litem, Plaintiff, v. RAINBOW CLUB, INC., Respondent, Orville Botner, Special Administrator of Estate of Jeffrey Garry and Terrance Garry, Respondent, Ernest Smith and Helen Smith, d.b.a. Smitty's Tavern, Defendant.

Supreme Court of Minnesota.

October 31, 1975.

Attorney(s) appearing for the Case

Neil A. McEwen, Thief River Falls, for appellants.

Padden, Dickel, Johannson, Wall & Taylor and Kenneth F. Johannson, Crookston, for Rainbow Club, Inc.

Rufer, Hefte, Pemberton, Schulze & Sorlie and James L. Schulze, Fergus Falls, for Botner, and others.

Heard before OTIS, PETERSON and MacLAUGHLIN, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This appeal and request for review arise out of a combined trial on two causes of action created by the Civil Damage Act and the so-called wrongful death statute, Minn.St. 340.95 and 573.02.1 Plaintiffs appeal from an order of the district court denying their motion for judgment notwithstanding the verdict and denying in part their alternative motion for a new trial. Defendant Rainbow Club, Inc., seeks review of the trial...

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