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MILLER v. U.S.

No. 20030054.

104 P.3d 1202 (2005)

2004 UT 96

John MILLER and Joan Miller, Plaintiffs and Appellees, v. UNITED STATES of America, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied January 20, 2005.

Attorney(s) appearing for the Case

G. Scott Ray, Edward P. Moriarity, Jeffrey D. Gooch, Justin T. Ashworth, Salt Lake City, and Shandor S. Badaruddin, Missoula, Montana, for plaintiffs.

Paul M. Warner, United States Att'y, Jeffrey E. Nelson, Asst. United States Att'y, for defendant.

NEHRING, Justice:

¶ 1 This case comes to us from United States District Court. We are asked to determine: "Whether a federal government employee, who ordinarily would be immune from suit in cases of strict liability, may be liable under Utah's Dramshop Act if the Plaintiffs establish negligence."

¶ 2 We first comment on the scope of the question certified to us. As framed, the question invites us to stray...

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