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MATTER OF FORTINER REALTY CO.

No. 76-1094 T.

4 B.R. 679 (1980)

In the Matter of FORTINER REALTY COMPANY, Bankrupt. Sonia URANSKY, Trustee, Plaintiff, v. John ALLRED, as Trustee, Billy D. Breeze and Marion Campbell Potts, Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

June 17, 1980.

Attorney(s) appearing for the Case

Diane L. Jensen, Fort Myers, Fla., for plaintiff.

James Decker, John A. Noland, Fort Myers, Fla., Preston O. Cockey, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Bankruptcy Judge.

THE MATTER under consideration is the right of the Trustee of the estate to recover from the Defendant, John Allred, real estate commissions earned by the Trustee's predecessor in interest, Fortiner Realty Company (Fortiner), the Bankrupt, who was a duly licensed real estate broker involved in the transaction on which the commission claim involved in this controversy...

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