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MAGNUSSEN v. TAWNEY

No. 19774-3-III.

34 P.3d 899 (2001)

109 Wash.App. 272

Fred H. MAGNUSSEN and Eleaner L. Magnussen, husband and wife, Appellants, v. David E. TAWNEY and Virginia Tawney, husband and wife, Defendants, Claude W. Edwards and Marydith J. Edwards, husband and wife, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

November 20, 2001.

Attorney(s) appearing for the Case

R. Max Etter, Jr., Witherspoon, Kelley, Davenport & Toole, Spokane, Counsel for Appellants.

Patrick M. Risken, Evans, Craven & Lackie, Spokane, Counsel for Respondents.

BROWN, J.

Following a CR 68 offer to settle for $40,000, Fred and Eleaner Magnussen received $37,070 in damages from a jury for Claude and Marydith Edwards' breach of a commercial lease. The Magnussens appeal the trial court's denial of their request for attorney fees and costs under the lease and its award of post-offer fees and costs to the Edwards, both based upon the trial court's interpretation and application of CR 68...

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