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MILLER v. PARDNER'S, INC.

No. 89-1781.

893 F.2d 932 (1990)

Timothy F. MILLER, as Special Administrator, Plaintiff/Appellant, v. PARDNER'S, INC., Defendant/Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 1990.

Attorney(s) appearing for the Case

Henry A. Hoover (argued), South Bend, Ind., for plaintiff/appellant.

Gerald A. Kamm, John C. Hamilton, Doran, Blackmond, Ready, Hamilton & Williams, South Bend, Ind., for defendant/appellee.

Before POSNER and FLAUM, Circuit Judges, and DUMBAULD, Senior District Judge.

FLAUM, Circuit Judge.

In a dramshop action, decedent's Special Administrator filed a wrongful death suit under the Indiana Wrongful Death Act, Ind.Code 34-1-1-2 (1988), (the "Act"), on behalf of decedent's two surviving dependents against Pardner's Nightclub. The complaint alleged that the defendant caused the death of the plaintiff's decedent by selling her alcoholic beverages when she was visibly intoxicated. The district court granted the defendant's motion for...

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