Dooley, J. This appeal originates in a declaratory judgment action brought by plaintiffs Chittenden County Sheriff Kevin McLaughlin and the Chittenden County Sheriff's Department. Plaintiffs sought an order requiring that defendants, the Attorney General and the State of Vermont, provide legal representation to plaintiffs in a pending workers' compensation action brought against plaintiffs by Alice Demag, and requiring that defendants assume any costs of award or settlement for which plaintiffs might become liable. Plaintiffs moved for summary judgment below. The court granted judgment in defendants' favor with respect to defendants' duty to provide representation to plaintiffs, but did order that defendants represent Sheriff McLaughlin's predecessor, Ronald Duell. Defendants now appeal the order to defend Duell.
Plaintiffs cross-appeal the grant of summary judgment in defendants' favor.
We affirm the entry of judgment against plaintiff McLaughlin. We reverse the entry of judgment against the Chittenden County Sheriff's Department and remand that issue to the trial court. Finally, we strike those parts of the trial court's order relating to Ronald Duell. Plaintiff Chittenden County Sheriff's Department is currently a party defendant in an action brought by Alice Demag as personal representative of the estate of her late husband Bernard Demag. At the time of his death in January 1978, Mr. Demag was a special deputy sheriff for the Sheriff's Department.