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FUNK v. TIFFT

No. 73-1785.

515 F.2d 23 (1975)

Benjamin FUNK and Betty Lou Funk, Plaintiffs-Appellants, v. Ward TIFFT d/b/a the Tifft Agency and Pendor-Idaho Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 28, 1975.

Attorney(s) appearing for the Case

Stephen Bistline (argued), Sandpoint, Idaho, for plaintiffs-appellants.

Hardy C. Lyons (argued), Sandpoint, Idaho, for defendants-appellees.

Before LUMBARD, MERRILL and WRIGHT, Circuit Judges.

OPINION

LUMBARD, Circuit Judge:

Plaintiffs Benjamin and Betty Lou Funk appeal from a judgment of the District Court of Idaho entered on November 10, 1972, by J. Blaine Anderson, J., dismissing their complaint. The principal issue presented by this diversity of citizenship case is whether a licensed real estate broker in Idaho owes a fiduciary duty to a prospective buyer not to purchase a tract of land for himself while his prospective buyer's offer to buy...

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