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WHITENER EX REL. MILLER v. DAHL

No. C7-99-2177.

625 N.W.2d 827 (2001)

Joseph WHITENER, Jr., Michael Lee Bower, Jerome Lee Whitener, and Thomas Jacob Whitener, minors, by their guardian ad litem, Lee MILLER, Petitioners/Appellants, v. Ronald DAHL, d/b/a Flowing Well Supper Club, Defendant and Third-Party Plaintiff, Respondent, v. Mahnomen Implement, Inc., et al., Third Party Defendants.

Supreme Court of Minnesota.

May 17, 2001.

Attorney(s) appearing for the Case

Paul F. McEllistrem, Hauer, Fargione & Love, P.A., Minneapolis, for appellants.

Waldeck and Lind, P.A., Peter Lind, Steven D. Pattee, Minneapolis, for respondent.

Joseph M. Goldberg & Assoc., Joseph M. Goldberg, Mineapolis, for third party defendants.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

Appellants, the four minor children of Sandra Bower, assert claims under the Minnesota Civil Damages Act, Minn.Stat. §§ 340A.801.802 (2000), for damages resulting from respondent's allegedly illegal sale of alcohol to their mother hours before her death in a car accident.1 Appellants allege that late in the evening of December 5 and in the early...

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