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JOSEPH C.L.U. INS. ASSOC. v. VAUGHT

No. 17693.

789 P.2d 1146 (1990)

117 Idaho 555

JERRY J. JOSEPH C.L.U. INSURANCE ASSOCIATES, INC., a California corporation, Plaintiff-Appellant, v. David VAUGHT and Althea Vaught, Defendants-Respondents.

Court of Appeals of Idaho.

March 21, 1990.

Attorney(s) appearing for the Case

Roden, Welch, Arkoosh, Riceci & French, Boise, attorneys for plaintiff-appellant. Randal J. French, argued.

William H. Wellman, Nampa, for defendants-respondents.

SUBSTITUTE OPINION

The Court's prior opinion dated October 31, 1989, is hereby withdrawn.

BURNETT, Judge.

This case arises from a dispute between owners of adjoining properties. The substance of the dispute has been resolved by a settlement in which the defendants essentially agreed to all of the substantive relief sought in the plaintiff's complaint. By subsequent order, however, the magistrate denied the plaintiff's request for attorney fees, holding...

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