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KUNZ v. LOBO LODGE, INC.

No. 24607.

990 P.2d 1219 (1999)

133 Idaho 608

Gregory W. KUNZ, Trustee for the Gregory W. Kunz Trust, as successor in interest to Kunz and Company, a California corporation dba Pridemark Outdoor Advertising, Plaintiff-Appellant, v. LOBO LODGE, INC., an Idaho corporation, Safeway, Inc., a Delaware corporation and John Doe Contractor, an unidentified individual or corporation, Defendants-Respondents. Lobo Lodge, Inc., an Idaho corporation, Third Party Plaintiff-Respondent, v. Donrey Outdoor Advertising, a foreign corporation, Third Party Defendant-Appellant.

Court of Appeals of Idaho.

November 23, 1999.

Attorney(s) appearing for the Case

Charles B. Lempesis, Post Falls, for appellant.

John F. Magnuson, Coeur d'Alene, for respondents. John F. Magnuson argued.

SCHWARTZMAN, Judge.

Gregory W. Kunz/Pridemark Outdoor Advertising (Kunz) appeals from the district court's grant of summary judgment to Lobo Lodge, Inc. (Lobo Lodge) and order awarding attorney fees. We affirm the granting of summary judgment, but reverse as to the order awarding fees.

I.

FACTS AND PROCEDURE

In December of 1990, Lobo Lodge and Donrey Outdoor Advertising (Donrey) entered into two ten-year leases whereby Donrey leased two...

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