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RAMBAUM v. SWISHER

No. CO-87-2192.

435 N.W.2d 19 (1989)

Anthony RAMBAUM, Respondent, v. Susan Lynn SWISHER, Respondent, Hrvatski Dom, an Association, petitioner, Appellant.

Supreme Court of Minnesota.

January 13, 1989.

Attorney(s) appearing for the Case

Rolf E. Sonnesyn, Minneapolis, for appellant.

Edward Lynch, South St. Paul, for Anthony Rambaum.

Bradley Cosgriff, Hopkins, for Susan Swisher.

OPINION

SIMONETT, Justice.

This case raises two issues: (1) Whether a fraternal club's sale of liquor to a person not a member or a guest is an illegal sale under the Civil Damages Act; and (2) whether the sum paid by a settling Pierringer defendant applies pro tanto to reduce all of plaintiff's award, not just the share attributable to the settling defendant's fault. The court of appeals ruled there was an "illegal sale" and the settlement payment...

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