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ZOLTAK v. WALGREEN CO.

Nos. C2-91-786, C4-91-787.

479 N.W.2d 741 (1992)

Elmer William ZOLTAK, III, et al., Respondents, v. WALGREEN COMPANY, d/b/a Robin Hood Restaurant, Defendant and Third-Party Plaintiff, Appellant, v. Richard KRESSIN, Third-Party Defendant, Respondent, Kastern Heating, Third-Party Defendant.

Court of Appeals of Minnesota.

January 21, 1992.

Attorney(s) appearing for the Case

Harry L. Newby, Jr., Newby, Lingren, Newby & Carlson, Ltd., Cloquet, for Elmer William Zoltak, III, et al.

Thomas R. Thibodeau, Faye M. Witt, Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, for Walgreen Company, d/b/a Robin Hood Restaurant.

John H. Baumgarth, Krista K. Martin, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, for Richard Kressin.

Considered and decided by SCHUMACHER, P.J., and KLAPHAKE and DAVIES, JJ.

OPINION

SCHUMACHER, Judge.

Appellant Walgreen Company sought to join a third party, respondent Richard Kressin, in a dram shop action pending in Minnesota. The trial court granted summary judgment for respondent, concluding that the appellant's costs associated with defending the dram shop action do not constitute "injury or property damage" under Minn.Stat. § 543.19 (1986). The trial court also found that respondent did not have sufficient "minimum...

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