concurring and dissenting;
I concur that the judgment below should be affirmed. However, upon review of the record and arguments presented, I am left with the abiding belief that the appeal was brought frivolously, unreasonably and without foundation. Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979). Consequently, I dissent from the majority opinion declining an award of attorney fees to Alcan Building Products, Inc.