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SPITZACK v. SCHUMACHER

No. 45480.

241 N.W.2d 641 (1976)

Eileen SPITZACK, et al., Plaintiffs, v. Irv SCHUMACHER, d.b.a. Irv's Bar, defendant and third-party plaintiff, Appellant, Dick Campbell and LuAnn Campbell, third-party defendants, Respondents, Killian A. Anhorn, et al., Third Party Defendants.

Supreme Court of Minnesota.

April 9, 1976.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, James F. Roegge, O. C. Adamson, II, Cook & Dokken and Stephen I. Dokken, Faribault, Robert M. Frisbee, Minneapolis, for appellant.

Robert W. Gislason & Associates and Patrick M. Flynn, Edina, for respondents.

Heard before SHERAN, C. J., and PETERSON, TODD, MacLAUGHLIN, and SCOTT, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Plaintiffs, wife and daughter of decedent, brought this suit against appellant under the Civil Damage Act, Minn.St. 340.95, alleging that appellant's illegal sale of liquor to decedent proximately caused decedent to be struck and killed by respondents' vehicle. Appellant's attempt to implead respondents for contribution was dismissed by the trial court on the ground that there was no common liability...

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