JOHNSON v. PATRIOTIC FIREWORKS, INC.

No. 49A02-0608-CV-632.

871 N.E.2d 989 (2007)

Roger JOHNSON, in his official capacity as Indiana State Fire Marshall, Appellant-Defendant, v. PATRIOTIC FIREWORKS, INC., et al, Appellees-Plaintiffs.

Court of Appeals of Indiana.

August 14, 2007.


Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, David Steiner Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Douglas K. Mawhorr, John H. Brooke, Brooke & Mawhorr, PC, Muncie, IN, Attorneys for Appellees.


OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Indiana State Fire Marshal Roger Johnson1 ("the Fire Marshal"), in his official capacity, and the State of Indiana, (collectively "the State,") bring this interlocutory appeal from the trial court's denial of the Fire Marshal's motion to dismiss the consolidated complaints of Patriotic Fireworks, Inc. ("Patriotic") and other fireworks

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