Filed: Nov. 20, 2018
Latest Update: Nov. 20, 2018
Summary: MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR ATTORNEYS' FEES AND COSTS DAVID NUFFER , District Judge . Plaintiff Tombstone Exploration Corp. ("Tombstone") filed a motion (the "Motion") 1 against Defendant EuroGas Inc. for attorneys' fees and costs based on paragraph 12(b) of the parties' Stock for Stock Exchange Agreement. 2 Having reviewed and considered the evidence presented and the arguments of the parties, 3 and for good cause appearing, the following decision is rendered: 1.
Summary: MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR ATTORNEYS' FEES AND COSTS DAVID NUFFER , District Judge . Plaintiff Tombstone Exploration Corp. ("Tombstone") filed a motion (the "Motion") 1 against Defendant EuroGas Inc. for attorneys' fees and costs based on paragraph 12(b) of the parties' Stock for Stock Exchange Agreement. 2 Having reviewed and considered the evidence presented and the arguments of the parties, 3 and for good cause appearing, the following decision is rendered: 1. A..
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MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR ATTORNEYS' FEES AND COSTS
DAVID NUFFER, District Judge.
Plaintiff Tombstone Exploration Corp. ("Tombstone") filed a motion (the "Motion")1 against Defendant EuroGas Inc. for attorneys' fees and costs based on paragraph 12(b) of the parties' Stock for Stock Exchange Agreement.2 Having reviewed and considered the evidence presented and the arguments of the parties,3 and for good cause appearing, the following decision is rendered:
1. Although Tombstone had claims other than breach of contract, all of its claims in this case revolved around and were inextricably linked with the breach of contract claim upon which it prevailed against EuroGas.4
2. Tombstone's reasonable attorneys' fees incurred based upon, or arising out of, EuroGas's breach of contract total $190,248.
3. Tombstone's reasonable costs incurred based upon, or arising out of, EuroGas's breach of contract total $1,792.88.
4. Based on paragraph 12(b) of the parties' Stock for Stock Exchange Agreement, Tombstone should be awarded reasonable attorneys' fees and costs in the total amount of $192,040.88.
ORDER
THEREFORE, IT IS HEREBY ORDERED the Motion5 is GRANTED.
IT IS FURTHER HEREBY ORDERED that judgment will be entered in favor of Tombstone against EuroGas Inc. for reasonable attorneys' fees in the total amount of $190,248 and costs in the total amount of $1,792.88.
