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ZELIGSON v. HARTMAN-BLAIR, INC.

No. 2383.

126 F.2d 595 (1942)

ZELIGSON v. HARTMAN-BLAIR, Inc., et al.

Circuit Court of Appeals, Tenth Circuit.

March 9, 1942.

Attorney(s) appearing for the Case

Roy H. Wasson, of Wichita, Kan. (Chas. L. Yancey, G. C. Spillers, and Kavanaugh Bush, all of Tulsa, Okla., on the brief), for appellant.

Robert C. Foulston, of Wichita, Kan. (George Siefkin, Carl T. Smith, and Foulston, Siefkin, Bartlett & Morris, all of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action on a claim for loss of a broker's commission. Zeligson, the broker, sought to recover the alleged loss from Hartman-Blair, Inc.,1 W. L. Hartman, and H. H. Blair.

The trial court sustained a motion to dismiss the amended petition and entered an order dismissing the cause without prejudice. Zeligson has appealed.

In his first amended petition, Zeligson alleged that the owner is a...

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