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00-2919 Kerry Inc. v. Econo Equipment Inc.

By: dmc-admin//July 30, 2001//

00-2919 Kerry Inc. v. Econo Equipment Inc.

By: dmc-admin//July 30, 2001//

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Econo Equipment, Inc. appeals the portion of the circuit court’s order refusing to award attorney’s fees incurred in defending against Kerry, Inc.’s claims. Econo argues that a contract provision allowing it to recover attorney’s fees incurred “in the enforcement and adjudication of its rights hereunder” should allow it to recover attorney’s fees incurred while defending a suit by Kerry.

Because we conclude that the contract does not unambiguously provide for an award of attorney’s fees in defending against Kerry’s claims, we affirm the order of the circuit court.

Not recommended for publication in the official reports.

Dist IV, Rock County, Welker, J., Roggensack, J.

Attorneys:

For Appellant: Steven L. Vollmer, Beloit

For Respondent: William M. Cunningham, Beloit

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