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MILBRADT v. AMERICAN LEGION POST OF MORA

Nos. C0-84-265, C8-84-482.

354 N.W.2d 499 (1984)

Diane MILBRADT, et al., Plaintiffs, Mutual Service Insurance Co., Applicant for Intervention, v. AMERICAN LEGION POST OF MORA, et al., Defendants. Brian MILBRADT, Plaintiff, Mutual Service Insurance Co., Appellant, v. AMERICAN LEGION POST OF MORA, Respondent, City of Mora, et al., Defendants.

Court of Appeals of Minnesota.

August 28, 1984.

Attorney(s) appearing for the Case

Peter E. Lind, Jeffrey M. Bauer, Foster, Waldeck & Lind, Ltd., Minneapolis, for American Legion Post of Mora.

John P. Borger, Scott P. Drawe, Faegre & Benson, Minneapolis, for City of Ogilvie.

Kevin A. Spellacy, Quinlivan & Williams, Gerald L. Hasselbrink, St. Cloud, for Mutual Service Insurance Co.

Rolf E. Gilbertson, Seth Colton, Richard T. McHaffie, Maun, Green, Hayes, Simon, Johanneson & Brehl, St. Paul, for City of Mora, et al.

Heard by PARKER, P.J., and CRIPPEN, J.; considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ.

OPINION

PARKER, Judge.

This is a consolidated appeal brought by Mutual Service Insurance Company (MSI) from entry of summary judgment on behalf of respondents City of Ogilvie, City of Mora, and the American Legion Post of Mora (Mora Legion Post). MSI had paid basic economic loss benefits to its insured, Diane Milbradt, following an accident claiming the life of her husband. Mrs. Milbradt subsequently brought a dram shop action against the respondents, eventually...

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