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TROUTNER v. TRAFFIC CONTROL COMPANY

No. 11903.

547 P.2d 1130 (1976)

97 Idaho 525

James H. TROUTNER, Claimant-Appellant, v. TRAFFIC CONTROL COMPANY, Employer, and Argonaut Northwest Insurance Company, Surety, Defendants-Respondents.

Supreme Court of Idaho.

March 31, 1976.

Attorney(s) appearing for the Case

Glenn A. Coughlan, of Coughlan, Imhoff & Lynch, Boise, for claimant-appellant.

John W. Barrett, of Moffatt, Thomas, Barrett & Blanton, Boise, for defendants-respondents.

BAKES, Justice.

This is an appeal from an order of the Industrial Commission dismissing the claimant James H. Troutner's request for attorney fees incurred in the processing of his workmen's compensation claim. The motion was made pursuant to I.C. § 72-804, which reads:

"72-804. Attorney's fees — Punitive costs in certain cases. — If the commission or any court before whom any proceedings are brought under this law determines that the employer...

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