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TRUSTEES v. DEVELOPERS SURETY

No. 40060.

84 P.3d 59 (2004)

TRUSTEES OF the PLUMBERS AND PIPEFITTERS UNION LOCAL 525 HEALTH AND WELFARE TRUST PLAN; and Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan, Appellants, v. DEVELOPERS SURETY AND INDEMNITY COMPANY, Respondent.

Supreme Court of Nevada.

February 17, 2004.

Attorney(s) appearing for the Case

Schreck Brignone Godfrey and Andrew S. Brignone, Michael V. Infuso and Adam P. Segal, Las Vegas, for Appellants.

Alverson Taylor Mortensen Nelson & Sanders and David J. Mortensen and Christian Z. Smith, Las Vegas, for Respondent.

Before the Court En Banc.

OPINION

PER CURIAM.

This case arises from a surety bond dispute involving union worker benefits. The district court denied the request of the union trustees (the Joint Trust) for attorney fees because the award would exceed the bond's penal limit. The district court reasoned that our decision in Basic Refractories v. Bright2 precluded such recovery. The Joint Trust appeals...

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