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DOWLING SUPPLY & EQUIPMENT, INC. v. GARDNER

No. 4213.

602 P.2d 1250 (1979)

DOWLING SUPPLY AND EQUIPMENT, INC., Appellant, v. L.G. GARDNER, d/b/a Hilltop Sales and Service, and Greater Anchorage Area Borough, a municipal corporation or its successors, Appellees.

Supreme Court of Alaska.

November 30, 1979.

Attorney(s) appearing for the Case

James K. Tallman, Anchorage, for appellant.

James T. Stanley, Wadsworth, Stanley & Yerbich, Kenneth G. Norman, Asst. Municipal Atty., Anchorage, for appellees.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

OPINION

PER CURIAM.

We are concerned on this appeal with the propriety of the district court's post-trial award of attorney's fees to the defendant-appellee L.G. Gardner against plaintiff-appellant Dowling Supply and Equipment, Inc. ("Dowling").1 Dowling argues that Gardner could not be a prevailing party under Alaska R.Civ.P. 82(a)(1),2 notwithstanding the jury's refusal to assess damages against...

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