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GRIFFIN v. SEBEK

No. 11623.

245 N.W.2d 481 (1976)

Robert James GRIFFIN and Raymond Griffin, Plaintiffs and Appellants, v. Roland SEBEK and Mary Ann Sebek, Individually and doing business as Sebek's Tavern, Defendants and Respondents.

Supreme Court of South Dakota.

September 15, 1976.

Attorney(s) appearing for the Case

Richardson, Groseclose, Kornmann & Wyly, Aberdeen, Conmy, Feste & Bossart, Ltd., Fargo, N. D., for plaintiffs and appellants.

Holland & Brantseg, Sisseton, for defendants and respondents.

COLER, Justice.

Appellants, the son and his father, respectively, commenced this action for damages based upon the theory of negligence of respondents, as a licensed on-sale and off-sale dealer in alcoholic beverages, in an alleged unlawful sale of intoxicants.

The trial court granted respondents' motion to dismiss the action for failure to state a claim upon which relief can be granted pursuant to SDCL 15-6-12(b)(5). The appeal is from that order which determined...

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