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AUTO-OWNERS INS. CO. v. SMITH

Nos. C6-85-586, C4-85-778.

376 N.W.2d 506 (1985)

AUTO-OWNERS INSURANCE COMPANY, Respondent, v. Thomas M. SMITH, Appellant (C4-85-778), Respondent (C6-85-586), Clarence Dupey as Trustee for the Heirs and Next-of-Kin of Marian Dupey, Decedent, Respondent (C4-85-778), Appellant (C6-85-586).

Court of Appeals of Minnesota.

Review Denied January 17, 1986.

Attorney(s) appearing for the Case

James A. Reding, Richard S. Stempel, St. Paul, for Auto-Owners Ins. Co.

James R. Peterson, Minneapolis, for Thomas M. Smith.

Richard A. Grayson, St. Paul, for Clarence Dupey as Trustee for the Heirs and Next-of-Kin of Marian Dupey, decedent.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and NIERENGARTEN, JJ.

OPINION

FORSBERG, Judge.

Thomas Smith and Clarence Dupey appeal from the trial court's judgment granting Auto-Owners Insurance Company's motion for summary judgment. We affirm.

FACTS

Thomas Smith worked as a bartender in St. Paul. On December 12, 1982, Smith worked from noon until 5:00 p.m. After his shift ended at 5:00 p.m., Smith remained at the bar to drink and watch television.

Although the bar closed at midnight, Smith did...

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