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SOUTHWICK v. CITY OF RUTLAND

No. 10-372.

30 A.3d 1298 (2011)

2011 VT 105

David and Susan SOUTHWICK, Individually and as Natural Guardians of Addie Southwick v. CITY OF RUTLAND v. Vermont Swim Association.

Supreme Court of Vermont.

September 9, 2011.

Attorney(s) appearing for the Case

Colin K. McNeil of McNeil, Leddy & Sheahan, P.C., Burlington, for Third-Party Plaintiff-Appellee.

John D. Willey, Jr. of Boylan Associates, P.C., Springfield, for Third-Party Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

SKOGLUND, J.

¶ 1. This appeal stems from a written agreement between the City of Rutland and the Vermont Swim Association (VSA) granting VSA the right to host its annual swim meet at a facility in a city park. VSA appeals the trial court's award of attorney's fees to the City. Because the plain language of the parties' contract does not require VSA to pay attorney's fees incurred by the City in pursuing either indemnity from VSA or other third-party actions,...

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