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SATHER v. WOODLAND LIQUORS, INC.

No. C3-98-2392.

597 N.W.2d 295 (1999)

Jason John SATHER, Respondent, State of Minnesota Department of Human Services, Appellant, v. WOODLAND LIQUORS, INC., Respondent.

Court of Appeals of Minnesota.

Review Denied September 14, 1999.

Attorney(s) appearing for the Case

Robert Falsani, Duluth, for respondent Jason John Sather.

Mike Hatch, Attorney General, Mehmet K. Konar-Steenberg, Assistant Attorney General, St. Paul, for appellant.

Tim A. Strom, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, for respondent Woodland Liquors, Inc.

Considered and decided by RANDALL, Presiding Judge, DAVIES, Judge, and G. BARRY ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellant challenges the district court's dismissal of its suit for failure to state a claim. Because appellant's subrogated right to recover damages for the medical assistance provided is prohibited by the Dramshop Act, we affirm.

FACTS

Since this case arises from the dismissal of a complaint for failure to state a claim, we accept appellant's description of the facts as true. D.A.B. v. Brown,

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