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BURNS v. COUNTY OF BOUNDARY

No. 18183.

818 P.2d 327 (1990)

120 Idaho 623

Kenneth R. BURNS and Mardale Burns, husband and wife; Boundary Aviation, Inc., Plaintiffs-Appellants, v. The COUNTY OF BOUNDARY, a political subdivision for the State of Idaho; the Board of County Commissioners in and for the County of Boundary, a political subdivision of the State of Idaho; Chester Baker; Richard Blake; Clyde Stone; and Chris Clark, the members of said Board; Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Granted December 24, 1990.

Attorney(s) appearing for the Case

Jenkins & Leggett, Coeur d'Alene, for appellants. Janet E. Jenkins argued.

Randall W. Day, Bonners Ferry, for respondents.

WINMILL, Judge Pro Tem.

This is an appeal from an order of the district court awarding attorney fees to the plaintiffs, Kenneth and Mardale Burns and Boundary Aviation, Inc.,1 in a breach of contract action. We are asked to determine whether the district court abused its discretion in not including in the award all attorney fees incurred in Burns' suit against the county. For reasons set forth below, we affirm the district court's order...

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