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OLDCASTLE PRECAST v. PARKTOWNE CONST., INC.

No. 30549.

128 P.3d 913 (2005)

142 Idaho 376

OLDCASTLE PRECAST, INC., d/b/a Amcor Precast, Plaintiff-Counterdefendant-Appellant, v. PARKTOWNE CONSTRUCTION, INC., Defendant-Counterclaimant-Respondent, and Developers Surety and Indemnity Company, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2005 Term.

Rehearing Denied February 8, 2006.

Attorney(s) appearing for the Case

Glenn M. Harsh, Boise, for appellant.

Meuleman Mollerup LLP, Boise, for respondent Developers Surety and Indemnity Company. Arnold L. Wagner argued.

EISMANN, Justice.

This is an appeal from a decision of the district court denying a request for an award of attorney fees under Idaho Code § 54-1929. We affirm the district court.

I. FACTS AND PROCEDURAL HISTORY

In the fall of 2000, the Ada County Highway District awarded Park Towne Construction, Inc., (Park Towne) a contract to replace three small bridges in Ada County. Park Towne subcontracted with Oldcastle Precast, Inc., (Oldcastle) to provide...

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