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LINE CONST. BEN. FUND (LINECO) v. SKEATES

No. CX-96-2417.

563 N.W.2d 757 (1997)

LINE CONSTRUCTION BENEFIT FUND (LINECO), Appellant, v. Michael W. SKEATES, d/b/a The Villard Office Bar, Respondent.

Court of Appeals of Minnesota.

May 27, 1997.

Attorney(s) appearing for the Case

John C. Lervick, Derek A. Trosvig, Swenson, Lervick, Syverson & Anderson, Ltd., Alexandria, for Appellant.

Kevin A. Spellacy, Dyan J. Ebert, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for Respondent.

Considered and decided by PARKER, P.J., TOUSSAINT, C.J., and HUSPENI, J.

OPINION

TOUSSAINT, Chief Judge.

Appellant Line Construction Benefit Fund (Lineco) challenges the district court's entry of summary judgment in favor of respondent Michael W. Skeates, d/b/a The Villard Office Bar (the Office Bar), arguing that Lineco is a proper plaintiff under Minn.Stat. § 340A.801 (1996) (the Act). Because Lineco is not an "other person" under the Act and is only subrogated to the rights of its insured, a voluntarily intoxicated person...

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