concurring in part and dissenting in part.
I dissent from the opinion of the court insofar as it reverses the award of attorney fees by the district court. The claimed attorney fees were never disputed. Appel-lees filed an affidavit setting forth the number of hours billed, and the court awarded attorney fees for those billable hours at the rate of $100 per hour. No counter affidavits were filed by appellants. The trial court had before it the record reflecting the very large amount of money involved in this case, the work performed, the manner in which it was done, the kind and complexity of the case, the skill required and the responsibility assumed, along with the affidavit of appellee. The hourly fee assessed by the court and ascribed to the hours for services rendered was reasonable. Where there is evidence to support the award and it is not disputed by the opposing party, we have said that this court should accord deference to the trial court’s determination as to the amount of the fee. State Surety Company v. Lamb Construction Company, 625 P.2d 184, 189 (Wyo.1981).
The attorney fees, as awarded, should be affirmed.