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BAESSLER v. FREIER

No. S-10-0212.

258 P.3d 720 (2011)

2011 WY 125

Paul BAESSLER, as personal representative for the Estate of Carol Ann Munkberg, Deceased; and Karen R. Schmid, as personal representative for the Estate of John Allan Munkberg, Deceased, Appellants (Plaintiffs), v. Doug FREIER and Denny Freier, husband and wife, individually and d/b/a Stockman's Bar and the Smokehouse Saloon, Wyoming Partnerships in Fact, Appellees (Defendants).

Supreme Court of Wyoming.

August 26, 2011.

Attorney(s) appearing for the Case

Representing Appellants: Larry B. Jones and William L. Simpson of Simpson, Kepler & Edwards, LLC, The Cody, Wyoming division of Burg Simpson Eldredge Hersh and Jardine , P.C., Cody, Wyoming; and Patrick J. Crank of Nicholas & Crank, PC, Cheyenne, Wyoming. Argument by Mr. Jones .

Representing Appellees: Ryan P. Healy of Healy Law Firm, Sheridan, Wyoming.

Representing Wyoming Attorney General in his official capacity: Jay Jerde , Deputy Attorney General.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] The district court dismissed the appellants' civil action against the appellees for failure to state a claim upon which relief can be granted. The dismissal and this appeal raise issues of statutory construction and the constitutionality of a statute, with the focal question being the liability of a provider of alcohol for damages caused to a third person by the person to whom alcohol was provided.1 We affirm...

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