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STEWART v. DEPT. OF HEALTH AND WELFARE

No. 17285.

771 P.2d 41 (1989)

Dorsie L. STEWART and Dorla L. Summers, Petitioners-Appellants, v. DEPARTMENT OF HEALTH AND WELFARE and Idaho State School and Hospital, Respondents.

Supreme Court of Idaho.

Rehearing Denied April 20, 1989.

Attorney(s) appearing for the Case

Gigray, Miller, Downen, Weston & Pasley, Caldwell, for petitioners-appellants. Scott E. Fouser argued, Caldwell.

Jim Jones, Idaho Atty. Gen., Michael R. DeAngelo, Deputy Atty. Gen., Boise, for respondents. Michael R. DeAngelo argued, Boise.

SHEPARD, Chief Justice.

This is an appeal from a decision of the district court which in turn was an appeal from a decision from the Idaho Personnel Commission. The sole issue on appeal to the district court was the authority of the Personnel Commission to award attorney fees to a successful party in an administrative appeal. The district court held that the Personnel Commission had no such authority to award attorney fees. We reverse.

Appellants Stewart and...

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