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FIREWORKS DISTRIBUTORS ASS'N v. BOATWRIGHT

No. 49S02-0106-CV-316.

764 N.E.2d 208 (2002)

The INDIANA FIREWORKS DISTRIBUTORS ASSOCIATION, The Indiana Fireworks Users Association, Inc., Celebration Fireworks, Inc., and Patriotic Fireworks, Inc., Appellants (Defendants Below), v. M. Tracy BOATWRIGHT, in his official capacity as Indiana State Fire Marshal, Appellee (Plaintiff Below).

Supreme Court of Indiana.

March 12, 2002.

Attorney(s) appearing for the Case

John H. Brooke, Casey D. Cloyd, Brooke & Cloyd, P.C., Muncie, IN, Douglas R. Brown, Philip R. Thompson, Stewart & Irwin, Indianapolis, IN, for Appellants.

Steve Carter, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, IN, for Appellee.

Bradley D. Hamilton, Hamilton Law Office, Kokomo, IN, for Amicus Mr. Fireworks, Inc.

SHEPARD, Chief Justice.

In this case, the Indiana State Fire Marshal has asked for a court interpretation of the statute prohibiting the retail sale of certain fireworks. He says the Court of Appeals erred in concluding that he lacks standing to seek a declaratory judgment in his official capacity. We agree with the Court of Appeals, but granted transfer to emphasize that this conclusion does not restrain the Fire Marshal from enforcing the law as he reads it.

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