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ALLISEN v. AMERICAN LEGION POST NO. 134

No. 880031.

763 P.2d 806 (1988)

Marjorie ALLISEN, Plaintiff and Appellee, v. AMERICAN LEGION POST NO. 134, Defendant and Appellant. AMERICAN LEGION POST NO. 134, Third-Party Plaintiff and Appellant, v. STATE of Utah, DEPARTMENT OF TRANSPORTATION; Clearfield City, a municipal corporation; Utah Power and Light Company, a Utah corporation, Third-Party Defendants and Appellees.

Supreme Court of Utah.

October 28, 1988.

Attorney(s) appearing for the Case

Barry Gomberg, Ogden, for American Legion Post No. 134.

James R. Hasenyager, Ogden, for Marjorie Allisen.

Robert H. Henderson, Salt Lake City, for Clearfield City.

Paul Proctor, Salt Lake City, for Utah Power and Light Co.

David L. Wilkinson, William F. Bannon, Stephen J. Sorenson, Salt Lake City, for State, Dept. of Transp.

HALL, Chief Justice:

This case is before us on appeal from an interlocutory order denying a motion to dismiss brought by American Legion Post No. 134 ("American Legion"). We reverse and remand for entry of an order dismissing the case against American Legion.

On January 30, 1985, Wesley Harju was served approximately six light beers over a period of several hours on the premises of American Legion in Clearfield, Utah. It is undisputed that on the day in question...

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