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BINGHAM v. MONTANE RESOURCE ASSOCIATES

No. 24316.

987 P.2d 1035 (1999)

133 Idaho 420

Ivan F. BINGHAM and Marti E. Bingham, Plaintiffs-Appellants-Cross Respondents, v. MONTANE RESOURCE ASSOCIATES, a partnership, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, May 1999 Term.

September 3, 1999.

Attorney(s) appearing for the Case

Nielson & Reece, P.L.L.C., Pocatello, for appellants. Nick L. Nielson argued.

Dial, Looze & May, Pocatello, for respondent. John K. Looze argued.

TROUT, Chief Justice.

This is an appeal from the district judge's order awarding the respondent/cross-appellant Montane Resource Associates (Montane), attorney fees and costs. The appellants/cross-respondents, Ivan and Marti Bingham (the Binghams), appeal the award of fees pursuant to I.C. § 45-413 and the award of discretionary costs. Montane cross-appeals the denial of fees under I.C. §§ 12-120 and 12-121.

I.

FACTUAL AND PROCEDURAL...

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