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CONNOLLY v. CONLAN

No. 84-853.

371 N.W.2d 832 (1985)

Maurice J. CONNOLLY, as Administrator of the Estate of Jeffery J. Connolly, Maurice J. Connolly and Joan Connolly, Appellants, v. Joseph William CONLAN, d/b/a Twelve Mile House, Appellee.

Supreme Court of Iowa.

July 31, 1985.

Attorney(s) appearing for the Case

Paula M. Stenlund, Dennis J. Naughton and Francis W. Henkels, Dubuque, appellants.

Gerry M. Rinden and Michael E. Sheehy of Klockau, McCarthy, Ellison & Rinden, Rock Island, Illinois, and Lawrence H. Fautsch, Dubuque, for appellee.

Considered en banc.

HARRIS, Justice.

This wrongful death action against a tavern owner-operator was brought in several divisions. Two divisions were based on the claim that a tavern operator is liable on a common-law theory for acts falling outside the parameters of Iowa Code section 123.92. This was the question on which this court was equally divided in Haafke v. Mitchell, 347 N.W.2d 381 (Iowa 1984). The trial court sustained defendant's motion...

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