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Cox v. Mulligan11/22/2005
lso mandatory. Therefore, Mr. Cox is also entitled to an award of attorney fees on appeal pursuant to Idaho Code § 12-120(4).
II. CONCLUSION
The order of the district court denying Cox's request for an award of attorney fees under Idaho Code § 12-120(4) is reversed, and this case is remanded to the district court to award Mr. Cox a reasonable attorney fee for his attorney's services in the district court. We award Mr. Cox costs on appeal, including attorney fees.
Chief Justice SCHROEDER and Justices TROUT, BURDICK and JONES CONCUR.
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