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RINCOVER v. STATE, DEPT. OF FINANCE

No. 21060.

926 P.2d 626 (1996)

129 Idaho 442

Wanda RINCOVER, Petitioner-Appellant, v. STATE of Idaho, DEPARTMENT OF FINANCE, Respondent.

Supreme Court of Idaho. Boise, October 1996 Term.

November 6, 1996.

Attorney(s) appearing for the Case

Bauer & French, Boise, for petitioner-appellant.

Hon. Alan G. Lance, Attorney General; Brett T. Delange, Deputy Attorney General, Boise, for respondent.

JOHNSON, Justice.

This is an attorney fee case concerning I.C. § 12-117. We conclude that in denying an award of attorney fees the district court appears not to have applied the standard contained in the statute. Therefore, we vacate the denial and remand the case for further proceedings.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Between 1984 and 1991, Larry Rincover (Larry) and Wanda Rincover (Wanda), husband and wife, were registered...

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