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DALE K. BARKER CO., PC v. BUSHNELL

No. 20081035-CA.

222 P.3d 1188 (2009)

2009 UT App 385

DALE K. BARKER CO., PC, Plaintiff, v. John K. BUSHNELL and Bushnet, PC, Defendants, Third-party Plaintiff, and Appellee, v. Dale K. Barker, Third-party Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied January 27, 2010.

Attorney(s) appearing for the Case

Shawn D. Turner, South Jordan, for Appellant.

David P. Hirschi and Brennan H. Moss, Salt Lake City, for Appellee.

Before Judges ORME, THORNE, and McHUGH.

OPINION

ORME, Judge:

¶ 1 Third-party defendant Dale K. Barker appeals the district court's denial of his request for attorney fees and costs. We affirm. The underlying basis for the third-party complaint was an alter ego theory grounded in corporate law, not a contract containing an attorney fee provision. Accordingly, the reciprocal attorney fees statute is inapplicable.

BACKGROUND

¶ 2 Third-party plaintiff John K. Bushnell asserted...

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