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CITY OF POCATELLO v. ANDERTON

No. 14531.

679 P.2d 647 (1984)

106 Idaho 370

CITY OF POCATELLO, Plaintiff-Respondent, v. Cleve D. and Marilyn ANDERTON; the Lockhart Co.; Bannock County, a political subdivision of Idaho; and a tract of land more particularly described in the complaint, Defendants, and Bardell J. and Mae M. Anderton, Defendants-Appellants.

Supreme Court of Idaho.

March 29, 1984.

Attorney(s) appearing for the Case

James E. Harward, Pocatello, for defendants-appellants.

William L. Herrington, Moscow, for plaintiff-respondent.

HUNTLEY, Justice.

This appeal presents two issues for resolution: (1) whether the trial court erred in denying a request for jury trial which was made two years after the date of service of the last pleading directed to an issue triable by jury; and (2) whether condemnees in eminent domain proceedings are, in the circumstances presented, entitled to recover attorney fees as part of the costs reasonably incurred in determining...

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