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ORTIZ v. REAMY

No. 17060.

772 P.2d 737 (1989)

115 Idaho 1099

Antonio ORTIZ and Mary Ortiz, husband and wife, Plaintiffs-Respondents, v. Earl H. REAMY, Jr., Defendant-Appellant.

Court of Appeals of Idaho.

May 3, 1989.

Attorney(s) appearing for the Case

Michael B. McFarland, Coeur d'Alene, for defendant-appellant.

Everett D. Hofmeister, Coeur d'Alene, for plaintiffs-respondents.

PER CURIAM.

The sole issue in this appeal is whether the prevailing party in a civil action should have received an award of attorney fees. The district court refused to grant fees claimed under a contract or, in the alternative, under I.C. § 12-121. For reasons explained below, we affirm the district court's order with respect to the contract, vacate it with respect to I.C. § 12-121, and remand the case.

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