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HAYDEN LAKE FIRE PROTECTION DIST. v. ALCORN

No. 29715.

109 P.3d 161 (2005)

141 Idaho 307

HAYDEN LAKE FIRE PROTECTION DISTRICT, and all other corporations, entities, or individuals similarly situated, Plaintiffs-Respondents, v. James M. ALCORN, Manager of the State Insurance Fund; Drew Forney, former Manager of the State Insurance Fund; W.W. Deal, Milford Terrell, Gerald Geddes, Wayne Meyer, and Marguerite Mc Laughlin, Directors of the State Insurance Fund; the State Insurance Fund, an independent body corporate politic; State of Idaho, acting by and through the Department of Administration; and State of Idaho, ex rel., Governor Kirk Kempthorne, Intervenor, Defendants-Appellants, Kelso & Irwin, P.A., Plaintiff-Respondent, v. State Insurance Fund; and Drew Forney, Manager of the State Insurance Fund, individually, pursuant to I.C. § 72-907; and State of Idaho, acting by and through the Department of Administration, Defendant-Appellants.

Supreme Court of Idaho, Coeur d'Alene, October 2004 Term.

February 28, 2005.

Attorney(s) appearing for the Case

Lawrence G. Wasden, Attorney General, Boise, for defendant-appellants. Michael S. Gilmore argued.

Ball Janik LLP, Portland, Oregon; Starr Kelso, Coeur d'Alene, for plaintiff-respondent's Hayden Lake Fire Protection District, et al. Kevin S. Mapes argued.

SCHROEDER, Chief Justice.

The Idaho State Insurance Fund, et al. (SIF) appeals the district court's denial of certain discretionary costs and attorney fees generated in defending a class action suit brought by Hayden Lake Fire Protection District and Kelso & Irwin, P.A. (HLFPD). HLFPD brought a class action suit against the SIF for various claims relating to the SIF's surplus and real estate investments. That case was...

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