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TALBOT-WINDSOR CORP. v. MILLER, III

No. 6009.

309 F.2d 68 (1962)

TALBOT-WINDSOR CORP., Plaintiff, Appellant, v. William A. C. MILLER, III, Defendant, Appellee.

United States Court of Appeals First Circuit.

October 23, 1962.

Attorney(s) appearing for the Case

Mark M. Horblit, Boston, Mass., with whom Samuel H. Kalish, Boston, Mass., was on brief, for appellant.

Stuart Macmillan, Boston, Mass., with whom Raymond F. Burke and Hausserman, Davison & Shattuck, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an appeal by the plaintiff following a jury verdict for the defendant. In its complaint, filed in the Massachusetts state court and removed, the plaintiff alleged that it was a real estate broker; that the defendant engaged it "to find a customer" at a specified price for a certain property owned by him in Massachusetts; that plaintiff did find a "customer [who] informed the plaintiff in behalf of his corporation that it was ready,...

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