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THORP v. CASEY'S GENERAL STORES, INC.

No. 88-943.

446 N.W.2d 457 (1989)

Rose M. THORP, Individually and as Administrator of the Estates of Robert M. Thorp and Edwin G. Thorp, Deceased, Appellant, v. CASEY'S GENERAL STORES, INC., d/b/a Casey's General Store; Edward C. Middleton and Ruth M. Middleton, d/b/a Midway Cafe and Bar; and State of Iowa, Appellees.

Supreme Court of Iowa.

As Amended October 17, 1989.

Attorney(s) appearing for the Case

David J. Grace of Davis, Grace, Horvath, Gonnerman, and Rouwenhorst, P.C., Des Moines, and W.N. Bump of Bump and Bump, P.C., West Des Moines, for appellant.

Michael V. Huppert of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker, and Ordway, Des Moines, for appellee Casey's General Stores, Inc.

Thomas S. Skorepa and Frank R. Fuhr of Klockau, McCarthy, Ellison, and Marquis, P.C., Rock Island, Ill., for appellees Edward C. Middleton and Ruth M. Middleton.

Thomas J. Miller, Atty. Gen., and Craig Kelinson, Sp. Asst. Atty. Gen., for appellee State of Iowa.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, CARTER, and SNELL, JJ.

SCHULTZ, Justice.

In this dramshop action we address issues of first impression concerning the constitutionality of the legislatively mandated, retrospective application of amendments to our Dramshop Act. We also address issues concerning proximate cause and the exemption of state employees from liability. We hold that federal and state due process protections void the retrospective application of the amendment which acts...

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