BOATWRIGHT v. CELEBRATION FIREWORKS, INC.

No. 18A02-0305-CV-437.

810 N.E.2d 766 (2004)

Tracy BOATWRIGHT, individually and as Indiana State Fire Marshal, and State of Indiana, Appellants-Defendants, v. CELEBRATION FIREWORKS, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied August 5, 2004.


Attorney(s) appearing for the Case

Nelson D. Alexander, Julia Blackwell Gelinas, Lucy R. Dollens, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellants.

Thomas W. Blessing, Stewart & Irwin, PC, Indianapolis, IN, Attorney for Appellee.


OPINION

KIRSCH, Chief Judge.

Tracy Boatwright, individually and as Indiana State Fire Marshal (the "Fire Marshal") and the State of Indiana (collectively "State") appeal the trial court's decision in favor of Celebration Fireworks, Inc. ("Celebration"), raising the following issues for review:

I. Whether the trial court erred in issuing a judgment in favor of Celebration because Celebration failed to exhaust its administrative remedies prior to...

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