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REUILLE v. E.E. BRANDENBERGER CONST., INC.

No. 02S04-0803-CV-124.

888 N.E.2d 770 (2008)

Kirk REUILLE, Appellant (Plaintiff Below), v. E.E. BRANDENBERGER CONSTRUCTION, INC., Appellee (Defendant Below).

Supreme Court of Indiana.

June 24, 2008.

Attorney(s) appearing for the Case

Craig R. Patterson, Andrea R. Dick, Fort Wayne, IN, Attorneys for Appellant.

A. Dale Bloom, Jeremy J. Grogg, Fort Wayne, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

The parties in this case entered into a construction contract providing that in the event of a legal dispute, the prevailing party would be entitled to reasonable costs and expenses, including attorney fees. The term "prevailing party" was not defined. We hold that in the absence of further definition, such a contract produces fees only when one party or the other wins a judgment.

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