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WEAN WATER, INC. v. STA-RITE INDUSTRIES, INC.

No. 1 CA-CIV 6034.

141 Ariz. 315 (1984)

686 P.2d 1285

WEAN WATER, INC., a corporation, Jerry Koglmeier and Gloria Koglmeier, husband and wife, Plaintiffs Counter-defendants-Appellants, v. STA-RITE INDUSTRIES, INC., a Wisconsin corporation doing business in Arizona, Defendant Counterclaimant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied May 11, 1984.

Review Denied September 18, 1984.

Attorney(s) appearing for the Case

Ron Bailly, P.C. by Matt Koglmeier, Mesa, and Patten, Montague & Arnett by Wayne C. Arnett and Michael R. Greenwald, Tempe, for plaintiffs counterdefendants-appellants.

O'Connor, Cavanagh, Anderson, Westover Killingsworth & Beshears, P.C. by Philip Gerard and Brian C. Bond, Phoenix, for defendant counterclaimant-appellee.

OPINION

MEYERSON, Presiding Judge.

I. FACTS

This case raises the previously unanswered question of whether attorney's fees awarded under A.R.S. § 12-341.01.C. are limited to the amount paid or agreed to be paid by the client.

In 1976, appellee Sta-Rite Industries Inc. sold its Phoenix water conditioning business to appellants, Wean Water, Inc. and the Koglmeiers (referred to herein collectively as Wean Water). In 1978, Wean Water sued...

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