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Miller v. United States11/19/2004
to the certified question presented by the federal court. In this case, we have been asked by the federal court to resolve the question of whether Utah's Dramshop Act is a strict liability statute. We have responded in the affirmative. The issues regarding whether there is a common law dramshop cause of action, the nature of that cause of action, and the question of whether it is preempted by our Dramshop Act are questions not properly embraced by the question certified. Accordingly, I would refrain from answering them.
Justice Wilkins concurs in Justice Durrant's concurring and dissenting opinion.
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