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CORNELL v. HAMILTON

No. 49A02-0208-CV-635.

791 N.E.2d 214 (2003)

Jana CORNELL, Appellant-Plaintiff, v. John HAMILTON, in his official capacity as Secretary of the Indiana Family and Social Services Administration, and D. Sue Roberson, in her official capacity as State Personnel Director, Appellees-Defendants.

Court of Appeals of Indiana.

July 8, 2003.

Attorney(s) appearing for the Case

Kenneth J. Falk, Indiana Civil Liberties Union, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Thomas M. Fisher, Special Counsel, Frances Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

Herbert Jensen, Jensen & Associates, Indianapolis, IN, Attorneys for Amicus Curiae, American Family Association of Indiana.

Michael J. Cork, Bamberger, Foreman, Oswald & Hahn, LLP, Indianapolis, IN, Attorneys for Amici Curiae, Senators John Waterman and R. Michael Young and Representative Woody Burton.

OPINION

KIRSCH, Judge.

Jana Cornell appeals the trial court's decision to grant the motion for summary judgment filed by John Hamilton and D. Sue Roberson ("the State") and to deny her motion for summary judgment in her suit against them. She raises the following issue for review:

Whether the State's funeral leave policy, under which an employee may be granted funeral leave upon the death of a qualified...

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