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NALEN v. JENKINS

No. 17240.

763 P.2d 1081 (1988)

114 Idaho 973

Craig A. NALEN and Katherine A. Nalen, husband and wife, Plaintiffs-Appellants, v. Edward W. JENKINS, dba American Homes, Defendant-Respondent.

Court of Appeals of Idaho.

October 19, 1988.

Attorney(s) appearing for the Case

Richard H. Greener of Clemons, Cosho & Humphrey, Boise, for plaintiffs-appellants.

D. Blair Clark (argued), and Jeffrey R. Christenson of Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for defendant-respondent.

WALTERS, Chief Judge.

The appellants, Craig and Katherine Nalen, received an award of attorney fees under § 48-608(3) of the Idaho Consumer Protection Act. Dissatisfied with the award, they contend on appeal that the trial court abused its discretion by limiting the amount of the award to the contingent fee arrangement entered into between them and their attorney. For reasons explained below, we vacate the award and we remand the case for further proceedings...

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