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CONDE v. CITY OF SPRING LAKE PARK

Nos. 49983, 50741.

290 N.W.2d 164 (1980)

William J. CONDE, Brian T. Conde, Minors, by Elaine M. Conde, their mother and natural guardian and Elaine M. Conde, individually, Respondents, v. The CITY OF SPRING LAKE PARK, Minnesota, defendant and third party plaintiff, Appellant (49983)-Respondent (50741). KRAUS-HARTIG POST NO. 6587, VETERANS OF FOREIGN WARS, defendant and third party plaintiff, Respondent (49983)-Appellant (50741), v. John M. CONDE, third party defendant, Respondent.

Supreme Court of Minnesota.

January 11, 1980.

Attorney(s) appearing for the Case

Foster, Waldeck, Lind & Humphrey and Thomas A. Foster, Minneapolis, for City of Spring Lake Park.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and James F. Roegge, Minneapolis, for Kraus-Hartig.

Chadwick, Johnson & Bridell and Richard J. Chadwick, Minneapolis, for John M. Conde.

Meyer, Hiniker & Fleming, White Bear Lake, for William Conde, et al.

Heard before OTIS, TODD, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

The wife and children of John M. Conde brought an action under the Civil Damages (dram shop) Act, Minn.Stat. § 340.95 (1978), after Conde allegedly became intoxicated and was struck by an automobile while walking. The two defendants, both liquor vendors, brought third-party complaints against John M. Conde for contribution. The third-party defendant answered by denying liability and moved for judgment...

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