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McDONOUGH v. LEE

No. 674.

420 P.2d 459 (1966)

Richard Harry McDONOUGH, Appellant, v. Jesse LEE and Josephine Marie Lee, husband and wife et al., Appellees.

Supreme Court of Alaska.

December 2, 1966.

Attorney(s) appearing for the Case

Charles J. Clasby, Collins & Clasby, Fairbanks, for appellant.

Robert A. Parrish, Fairbanks, for appellees.

Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.

OPINION

RABINOWITZ, Justice.

Appellant seeks reversal of the superior court's award of $32,126.17 in attorney's fees to appellees as part of their costs.

The common law does not permit the recovery of attorney's fees, as costs, from the opposing party.1 Ordinarily such an item of litigation expense was disallowed in the absence of a statute or rule of court. Statutory authorization for the allowance of attorney's fees...

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