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ZENNER v. HOLCOMB

No. 35034.

210 P.3d 552 (2009)

Bradley J. ZENNER and Allason M. Zenner, Plaintiffs-Respondents, v. Lance D. HOLCOMB and Jennifer K. Holcomb, d/b/a Holcomb Construction, Defendants-Appellants.

Supreme Court of Idaho, Lewiston, April 2009 Term.

June 16, 2009.

Attorney(s) appearing for the Case

Edwin Lee Litteneker, Lewiston, argued for appellants.

Clark & Feeney, Lewiston, for respondents. Paul Thomas Clark argued.

BURDICK, Justice.

This appeal arises out of the district court's award of actual attorney fees and costs to Respondents Bradley and Allason Zenner (the Zenners) pursuant to Paragraph 20 of the construction contract entered into between the Appellants Lance and Jennifer Holcomb (the Holcombs) and the Zenners. The Holcombs appeal from the award, arguing the Zenners are not the prevailing party and, therefore, are not entitled...

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