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HOLLERICH v. CITY OF GOOD THUNDER

No. CX-82-1483.

340 N.W.2d 665 (1983)

Connie HOLLERICH, individually, and as mother and natural guardian of Ryan Hollerich, Nicholas Hollerich and Nathan Hollerich, minor children, et al., Appellants, v. CITY OF GOOD THUNDER, Minnesota, et al., Respondents.

Supreme Court of Minnesota.

December 2, 1983.

Attorney(s) appearing for the Case

James R. Korman, Faribault, for appellants.

Mark J. Condon, Wayne D. Tritbough, Minneapolis, for respondents.

Stephen S. Eckman and Phillip C. Carruthers, Minneapolis, for Minnesota Trial Lawyers Association, amicus curiae.

Heard, considered and decided by the court en banc.

SIMONETT, Justice.

We hold that a liquor vendor who sells intoxicating liquor after hours is, for purposes of the Civil Damages Act, "illegally selling" intoxicating liquor. We reverse the trial court's contrary ruling.

The facts as stipulated by the parties are as follows. Andrew Hollerich, age 23, attended the Blue Earth County Fair the evening of August 15, 1979. He arrived at the municipal liquor store of the...

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