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GME, INC. v. CARTER

No. 21620.

917 P.2d 754 (1996)

128 Idaho 597

GME, INC., a California corporation, Plaintiff-Appellant, and George A. Mendenhall, Plaintiff, v. Scott K. CARTER, Jr., an individual; and John Does I through X, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 1996 Term.

May 24, 1996.

Attorney(s) appearing for the Case

Dykas & Korfanta, P.A., Boise, for appellant. Frank J. Dykas argued.

Beer & Cain, Boise, for respondents. Stephen L. Beer argued.

JOHNSON, Justice.

This is a misappropriation of trade secrets case. We conclude that the owner of the trade secrets was not entitled to recover its attorney fees as part of the "actual loss" caused by the misappropriation. Because the owner did not present the question to the trial court, we do not address whether the trial court should have awarded the owner's development costs as a "reasonable royalty."

I.

THE BACKGROUND AND PRIOR PROCEEDINGS...

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