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SMITH v. MITTON

No. 29816.

104 P.3d 367 (2004)

140 Idaho 893

Cory SMITH, Plaintiff-Respondent-Cross Appellant, v. Mark MITTON, Doug Manning & City of Burley, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Pocatello, September 2004 Term.

Rehearing Denied January 10, 2005.

Attorney(s) appearing for the Case

Parsons, Smith & Stone, Burley, for appellant. Randolph C. Stone argued.

Sara Shepard, Boise, and Huntley, Park, LLP, Boise, for respondents. Sara Shepard and Robert C. Huntley, Jr., argued.

KIDWELL, Justice.

This is a wrongful discharge case in which the employer, City of Burley, appeals the district court's judgment in favor of employee, Smith. Smith cross appeals arguing the amount of costs and attorney fees awarded is an abuse of discretion. This Court affirms the judgment of the district court.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Smith was hired by the City of Burley as a licensed lineman with the electrical department...

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