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LAMB v. JORDAN

No. CX-84-1696.

363 N.W.2d 351 (1985)

Horace A. LAMB, Respondent, v. William E. JORDAN, Appellant.

Court of Appeals of Minnesota.

February 26, 1985.

Attorney(s) appearing for the Case

James A. Sage, Gruesen, Peterson & Sage, P.A., Duluth, for respondent.

Donald C. Erickson, Johnson, Fredin, Killen, Thibodeau & Seiler, P.A., Duluth, for appellant.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

Appellant prevailed in a suit before the trial court and requested attorney fees pursuant to Minn.Stat. § 549.21 (1982). The trial court found respondent's suit was "fraudulent from its inception" and awarded attorney fees. The trial court refused, however, to award attorney fees for a prior trial and appeal in the same matter. Appellant claims the trial court erred by not awarding attorney fees for the prior trial and appeal...

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