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MILBRANDT v. AMERICAN LEGION POST OF MORA

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

372 N.W.2d 702 (1985)

Brian MILBRANDT, et al., Plaintiffs, Mutual Service Insurance Company petitioner, Appellant, v. AMERICAN LEGION POST OF MORA, Respondent, City of Mora, Respondent, City of Ogilvie, Respondent.

Supreme Court of Minnesota.

August 16, 1985.

Attorney(s) appearing for the Case

Quinlivan, Sherwood, Spellacy & Taruestad, P.A., Michael J. Ford, Kevin A. Spellacy, St. Cloud, for appellant.

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

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

Maun, Green, Hayes, Simon, Johanneson & Brehl, Richard T. McHaffie, St. Paul, for City of Mora.

Heard, considered, and decided by the court en banc.

AMDAHL, Chief Justice.

Mutual Service Insurance Company commenced this dram shop action against respondents, claiming that it was subrogated to the rights of its insured, Diane Milbrandt, by virtue of its payment to the insured of basic economic loss benefits occasioned by the death of her husband, Craig Milbrandt, in an automobile accident. The respondents moved the trial court for summary judgment on Mutual Service's subrogation claim. The trial court granted summary...

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