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EQUITABLE LIFE, ETC. v. CUSHMAN & WAKEFIELD, ETC.

No. 79-4084 Summary Calendar.

618 F.2d 363 (1980)

The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Plaintiff-Appellee, v. CUSHMAN & WAKEFIELD OF TEXAS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 2, 1980.

Attorney(s) appearing for the Case

Carrington, Coleman, Sloman & Blumenthal, Corbet F. Bryant, Jr., Mark S. Werbner, Dallas, Tex., for defendant-appellant.

Locke, Purnell, Boren, Laney & Neely, Larry M. Lesh, C. Michael Moore, Dallas, Tex., for plaintiff-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

This is an appeal from an order granting summary judgment to the Equitable Life Assurance Society of the United States in a diversity action brought by Equitable for a declaratory judgment that it does not owe a certain brokerage commission to Cushman & Wakefield.

Equitable, a New York corporation with its principal place of business in New York City, is a lessor of commercial real estate. Cushman & Wakefield,...

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