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MATTER OF ESTATE OF ROLL

No. 17185.

770 P.2d 806 (1989)

115 Idaho 797

In the Matter of the ESTATE OF James Gregg ROLL, Deceased. Alvah J. ROLL and Henry H. Roll, Plaintiffs-Appellants, v. Lola M. ROLL, Richard L. Roll, and Elizabeth J. Roll, Defendants-Respondents.

Supreme Court of Idaho.

March 23, 1989.

Attorney(s) appearing for the Case

Randolph E. Farber, Nampa, for plaintiffs-appellants.

Risch, Goss, Insinger & Salladay, Boise, for defendants-respondents. Lawrence E. Kirkendall, argued.

SHEPARD, Chief Justice.

This is an appeal from a district court order which affirmed the decision of the magistrate court. The central question to be resolved is whether the court erred when denying the appellants' motion for a judgment notwithstanding the verdict. Incident to that determination is whether attorney fees are due the respondents for the defense of the former appeal to the district court, and for this subsequent appeal. Such fees were awarded at the...

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