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DAUPHIN v. SMITH

No. 6870-2-II.

42 Wn. App. 491 (1986)

713 P.2d 116

GILBERT O. DAUPHIN, Respondent, v. MARK FREDERICK SMITH, ET AL, Defendants, JOSEPH DEPIETRO, ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

January 2, 1986.

Attorney(s) appearing for the Case

Brian T. Comfort and Billett, Comfort & Rosenow, for appellants.

Kathleen B. Ebert and Bonneville, Viert, Morton & McGoldrick, for respondent.

REED, A.C.J.

DPPMB Associates appeals an award of attorney's fees levied against it in favor of the plaintiff, Gilbert Dauphin, on a theory of equitable indemnity. The trial court was persuaded that DPPMB had acted wrongfully in refusing Dauphin's demands and had thereby forced him to initiate his suit. We conclude that DPPMB did not act wrongfully and was acting reasonably to protect its interests. We therefore reverse the award of attorney's fees to Dauphin.

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