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PINE CREST PREPARATORY SCHOOL, INC. v. PHELAN

No. 76-2355.

557 F.2d 407 (1977)

PINE CREST PREPARATORY SCHOOL, INC., Appellant, v. John PHELAN, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1977.

Attorney(s) appearing for the Case

Thomas M. Starnes, Patton, Starnes, Thompson & Daniel, Morganton, N. C., for appellant.

R. S. Jones, Jr., Jones, Jones & Key, Franklin, N. C., and James U. Downs, Franklin, N. C., for appellee.

Before CLARK, Associate Justice, HAYNSWORTH, Chief Judge, and RUSSELL, Circuit Judge.

PER CURIAM:

In this diversity case, John Phelan, a realtor of Highlands, North Carolina, appellee, recovered a judgment of $35,000, covering a real estate sales commission he claimed from Pine Crest Preparatory School, Inc., a private preparatory school of Fort Lauderdale, Florida (Pine Crest). The latter also owned and operated a camp facility in conjunction with the School, which was located near Highlands. Phelan's fee on the sale of this camp facility is the only...

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