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BOYLES v. SMITH

No. S-2031.

759 P.2d 518 (1988)

Vernon H. BOYLES and Paul A. Wagner, Appellants, v. Marlin D. SMITH, Appellee.

Supreme Court of Alaska.

July 22, 1988.

Attorney(s) appearing for the Case

Richard H. Foley, Jr. and R.R. DeYoung, Wade & DeYoung, Anchorage, for appellants.

Dennis M. Bump, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for appellee.

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

OPINION

PER CURIAM.

Vernon Boyles and Paul Wagner loaned money to Bonanza Mining Company. Bonanza subsequently won a judgment of $197,804.55 against Boyles and Wagner on the ground that the loan was usurious under state law.

Boyles and Wagner then sued Marlin Smith, the attorney who prepared their loan documents, for malpractice. Smith defended by claiming that the documents he prepared were not usurious on their face, and, although the underlying...

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