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STATE, DEPT. OF ADMIN. v. SCHALLOCK

No. CV-95-0565-PR.

941 P.2d 1275 (1997)

189 Ariz. 250

STATE of Arizona, and the DEPARTMENT OF ADMINISTRATION, Plaintiffs-Appellants. v. Colleen SCHALLOCK, a single person; Bertha A. Saunders, a married person, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

July 17, 1997.

Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General by Thomas J. Dennis, Phoenix, for State of Arizona and Department of Administration.

Schleier Law Offices, P.C. by Tod F. Schleier, Bradley H. Schleier, Phoenix, for Colleen Schallock.

Dillingham, Keilp & Cross, P.C. by John L. Dillingham, Phoenix, for Bertha A. Saunders.

OPINION

FELDMAN, Justice.

The state filed an action seeking a declaration that it had no duty to defend or indemnify Allen Heinze, the former executive director of the Arizona Prosecuting Attorneys Advisory Council, in two cases seeking damages for sexual harassment. The state argued indemnification was not available in either case because Heinze's acts were not in the course and scope of employment. On cross-motions for summary judgment, the trial court...

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