Cooper v. Carlson

OPINION

Before RABINOWITZ, C. J., CON-NOR, ERWIN, FITZGERALD and BOOCHEVER, JJ. BOOCHEVER, Justice.

This case presents another facet of the often perplexing problems involving the award of costs and attorney’s fees under applicable Alaska law. 1 Cooper contends that he was the “prevailing party” within the meaning of this court’s interpretation of AS 09.60.010 and Alaska Civil Rules 54(d) and 82(a), and that it was an abuse of discretion for the trial judge to refuse to award costs and attorney’s fees. 2

The suit arose out of a dispute over the price to be paid for gravel taken from the…