Allisen v. American Legion Post No. 134

HALL, Chief Justice:

This case is before us on appeal from an interlocutory order denying a motion to dismiss brought by American Legion Post No. 134 (“American Legion”). We reverse and remand for entry of an order dismissing the case against American Legion.

On January 30, 1985, Wesley Harju was served approximately six light beers over a period of several hours on the premises of American Legion in Clearfield, Utah. It is undisputed that on the day in question, American Legion owned a license to sell light beer only and that Harju consumed no other alcoholic beverages.

Marjorie Allisen was…