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FOSS ALASKA LINE, INC. v. NORTHLAND SERVICES

No. S-1275.

724 P.2d 523 (1986)

FOSS ALASKA LINE, INC., Appellant, v. NORTHLAND SERVICES, INC. and Crowley Maritime Corporation, Appellee.

Supreme Court of Alaska.

September 12, 1986.

Attorney(s) appearing for the Case

David R. Millen, of counsel, Robert C. Bundy, Bogle & Gates, Anchorage, for appellant.

John C. Dittman, Richmond & Quinn, Anchorage, for appellee Northland Services.

Ann K. Stokes, Bradbury, Bliss & Riordan, Anchorage, for appellee Crowley Maritime Corp.

Before RABINOWITZ, C.J., BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MOORE, Justice.

The issue in this case is whether a contribution claim defendant is a prevailing party entitled to costs and attorney's fees when it secures summary judgment against the contribution claimant by settling with the injured plaintiff. We conclude that the settling defendant may not recover costs and fees from the contribution claimant.

I. FACTUAL AND PROCEDURAL BACKGROUND

Alex Clark was killed in Bethel when four timbers...

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