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WATTENBARGER v. A.G. EDWARDS & SONS, INC.

No. 36245.

246 P.3d 961 (2010)

Tifani WATTENBARGER and Jared Wattenbarger, a married couple, Plaintiffs-Appellants, v. A.G. EDWARDS & SONS, INC., a Missouri corporation; and Gene Gillette, an individual, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2010 Term.

Rehearing Denied December 23, 2010.

Attorney(s) appearing for the Case

Beard St. Clair Gaffney McNamara Calder, P.A., Idaho Falls, for appellants. Michael D. Gaffney argued.

Hawley Troxell Ennis & Hawley, LLP, Pocatello, for respondents. Howard D. Burnett argued.

SUBSTITUTE OPINION:

THE COURT'S PREVIOUS OPINION FILED JUNE 28, 2010, IS HEREBY WITHDRAWN.

J. JONES, Justice.

Jared and Tifani Wattenbarger appeal the district court's orders dismissing their case and awarding attorney fees to A.G. Edwards & Sons, Inc. and Gene Gillette (the respondents). We affirm the dismissal order, but reverse the fee award.

I.

Facts and Procedural History

Tifani first sought financial...

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