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SCOTT CO. OF CALIFORNIA v. BLOUNT, INC.

No. S057126.

86 Cal.Rptr.2d 614 (1999)

979 P.2d 974

20 Cal.4th 1103

SCOTT CO. OF CALIFORNIA, Plaintiff and Appellant, v. BLOUNT, INC., Defendant and Appellant.

Supreme Court of California.

Rehearing Denied September 15, 1999.

Attorney(s) appearing for the Case

Mclnerney & Dillon, Timothy F. Winchester and Jewell J. Hargleroad, Oakland, for Plaintiff and Appellant.

Morgenstein & Jubelirer, Eliot S. Jubelirer, Rocky N. Unruh, Jeffrey R. Williams, Lewis D. Barr and Stephen M. Hankins, San Francisco, for Defendant and Appellant.

KENNARD, J.

A party's entitlement to attorney fees in a lawsuit based on a contract containing an attorney fees provision often depends not just upon the language of the contractual provision but also upon the complex interaction of several statutes that affect a party's contractual right to attorney fees, as this case illustrates.

Here, plaintiff sued defendant for contract and tort claims; the contract included

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