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GRAND AERIE FRATERNAL ORDER v. CARNEYHAN

No. 2003-SC-0169-DG.

169 S.W.3d 840 (2005)

GRAND AERIE FRATERNAL ORDER OF EAGLES, Appellant v. Marlene CARNEYHAN, Administrator of the Estate of Jamie Lee Carneyhan; William E. Carneyhan, Individually; and Marlene Carneyhan, Individually, Appellees.

Supreme Court of Kentucky.

August 25, 2005.

Attorney(s) appearing for the Case

Mark A. Osbourn, Carol Schureck Petitt, Schiller, Osbourn & Barnes, Louisville, KY, Counsel for Appellant.

David F. Broderick, Broderick & Thornton, Bowling Green, KY, Counsel for Appellees.

Opinion of the Court by Justice COOPER.

Appellant, Grand Aerie Fraternal Order of Eagles ("the Grand Aerie"), is a national fraternal organization, with local chapters chartered throughout the United States and Canada. One such chapter, Canton Aerie 4313, was located in Trigg County, Kentucky, a dry territory in which the sale of alcohol is prohibited. KRS 242.230. On the night of April 3, 1994, Jamie Lee Carneyhan, nineteen years of age, consumed alcoholic beverages...

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