STATE, COM'R OF DEPT. OF HLT. v. SEWARD MARINE

No. 2113.

612 P.2d 1010 (1980)

STATE of Alaska, COMMISSIONER OF the DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Appellant, v. SEWARD MARINE SERVICES, INC., Appellee.

Supreme Court of Alaska.

As Modified on Denial of Rehearing July 29, 1980.


Attorney(s) appearing for the Case

David T. LeBlond, Asst. Atty. Gen., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellant.

No appearance for appellee.

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


OPINION

PER CURIAM.

This appeal presents the question of whether costs and attorney's fees can be awarded to the plaintiff when a suit is dismissed on the grounds of mootness, having become moot because a preliminary injunction was granted to the plaintiff. We hold that the trial court does not abuse its discretion in awarding costs and fees in such a situation, at least where the grant of the preliminary injunction involves resolution of the merits of the...

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