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DEVINE v. CLUFF

Nos. 15312, 15316.

713 P.2d 437 (1985)

110 Idaho 1

Sharon DEVINE, Plaintiff, Carol Boney (Johnson); Plaintiff-Appellant, v. Edward CLUFF, Defendant-Respondent. Sharon DEVINE and Carol Boney (Johnson), Plaintiffs, v. Edward CLUFF, Defendant-Respondent, v. WESTERN SURETY COMPANY, Appellant.

Court of Appeals of Idaho.

Addendum January 20, 1986.

Attorney(s) appearing for the Case

Bruce H. Greene of Greene & Greene, Sandpoint, for plaintiff-appellant, Carol Boney (Johnson).

Stephen F. Smith, Sandpoint for appellant, Western Surety Co.

James H. Paulsen, Sandpoint, for defendant-respondent, Edward Cluff.

SWANSTROM, Judge.

Appellants Carol Boney and Western Surety Company have filed separate appeals from a judgment awarding attorney fees to Edward Cluff for the wrongful issuance of a preliminary injunction. The sole issue on appeal is whether the district court erred in awarding fees and in allowing for their recovery from the injunction bond posted under I.R.C.P. 65(c) after a trial on the merits where no proof was submitted of any other damages resulting from issuance...

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