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WALCZAK v. LABOR WORKS-FT. WAYNE LLC

No. 02S04-1208-PL-497.

983 N.E.2d 1146 (2013)

Brandy L. WALCZAK, Individually and on Behalf of Those Similarly Situated, Appellant (Plaintiff below), v. LABOR WORKS-FORT WAYNE LLC, d/b/a Labor Works, Appellee (Defendant below).

Supreme Court of Indiana.

March 13, 2013.

Attorney(s) appearing for the Case

Philip J. Gibbons, Jr., Andrew G. Jones, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Thomas M. Fisher, Solicitor General of Indiana, Heather Hagan McVeigh, Deputy Attorney General, Indianapolis, IN, Rick J. Ruble, Deputy Commissioner of Labor & General Counsel, Indianapolis, IN, Attorneys for Amicus Curiae the State of Indiana.

Michael T. Yates, Ryan S. Ross, Fort Wayne, IN, F. Larkin Fore, Louisville, KY, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 02A04-1109-PL-509

MASSA, Justice.

James Whitcomb Riley (1849-1916), our celebrated "Hoosier Poet," is widely credited with the origination of the Duck Test; as he expressed it, "[w]hen I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck."1 Brandy Walczak successfully applied for employment at Labor Works, received...

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