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ALEXANDER DAWSON, INC. v. HYDROPONICS, INC.

No. 13909.

535 P.2d 1251 (1975)

ALEXANDER DAWSON, INC., a corporation, Plaintiff and Appellant, v. HYDROPONICS, INC., a corporation, Defendant and Respondent.

Supreme Court of Utah.

May 28, 1975.

Attorney(s) appearing for the Case

Phillip L. Foremaster, St. George, for plaintiff and appellant.

Frank A. Allen, St. George, Walter R. Ellett, Murray, for defendant and respondent.

HENRIOD, Chief Justice:

Appeal from a district court award of attorney's fees in a receivership matter, for resisting an appeal in a prior case involving the same parties. Affirmed with costs to Hydroponics.

Dawson contends our failure to award attorney's fees on appeal in the prior case was an exercise of discretion such as to preclude the trial court from awarding such fees.

Costs are statutory and the award of attorney's fees is contractual —...

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