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REAL ESTATE PROS v. BYARS

No. 03-86.

90 P.3d 110 (2004)

2004 WY 58

THE REAL ESTATE PROS, P.C., a Wyoming corporation; and Debera S. Gibbs, d/b/a Real Estate Pros, Appellants (Plaintiffs), v. Dr. James R. BYARS, Jr., Appellee (Defendant).

Supreme Court of Wyoming.

May 19, 2004.

Attorney(s) appearing for the Case

Representing Appellant: Andrea L. Richard and John A. Coppede of Rothgerber Johnson & Lyons LLP, Cheyenne, Wyoming.

Representing Appellee: Richard Mathey, Green River, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Real Estate Pros, P.C. (Real Estate Pros) a real estate agency, sued Dr. James R. Byars, Jr. (Dr. Byars) for breach of an exclusive listing contract. After accepting an offer of settlement from Dr. Byars pursuant to Rule 68 of the Wyoming Rules of Civil Procedure, Real Estate Pros filed a motion for attorneys' fees, which were provided for in the contract. The district court denied the motion, finding the offer, which stated it was "in full...

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