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McGAULEY v. MERCURY MILLS OF GEORGIA, INC.

No. 77-1484 Summary Calendar.

557 F.2d 1092 (1977)

John R. McGAULEY, Plaintiff-Appellant, v. MERCURY MILLS OF GEORGIA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 1977.

Attorney(s) appearing for the Case

Frank M. Gleason, James A. Secord, Rossville, Ga., for plaintiff-appellant.

John I. Foster, Jr., Chattanooga, Tenn., Karl M. Kothe, Rome, Ga., for defendant-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

PER CURIAM:

A real estate broker takes this appeal from a directed verdict rejecting his claim for a broker's commission. Appellant John McGauley had a non-exclusive listing on appellee Mercury Mills's property. Mercury Mills subsequently sold directly to a purchaser. McGauley alleged that appellee knew the purchaser was negotiating with McGauley and sold directly in order to avoid paying a commission.

The district court directed a verdict against McGauley...

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