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HIGUERA v. HIESTAND6/19/1996 Selection and Service Act (I.C. ยงยง 2-201 to -221), and Higuera has raised legitimate issues relating to the constitutionality of that statute in this appeal. For this reason, we conclude that the appeal was not pursued without foundation and Dr. Hiestand's request for attorney fees is, accordingly, denied.
V.
CONCLUSION
The district court's order denying Higuera's motion for new trial is affirmed. Costs but not attorney fees are awarded to Hiestand on appeal.
McDEVITT, C.J., and JOHNSON, SILAK and SCHROEDER, JJ., concur.
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