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LUCAS v. GULF & WESTERN INDUSTRIES, INC.

Nos. 81-1169, 81-1377.

666 F.2d 800 (1981)

Mary M. LUCAS, Executrix of the Estate of Robert F. Lucas, Plaintiff-Appellant and Cross-Appellee, v. GULF & WESTERN INDUSTRIES, INC., a corporation and Amax, Inc., a corporation, Defendants-Appellees, v. NORANDA MINES, LIMITED, a corporation, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Third Circuit.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Dominick A. Mazzagetti (argued), Bennett, Hueston, Mueller & Mazzagetti, Florham Park, N. J., for Mary M. Lucas Executrix of the Estate of Robert P. Lucas.

Stephen R. Knox (argued), Clyde A. Szuch, Pitney, Hardin & Kipp, Morristown, N. J., for Gulf & Western Industries, Inc.

Michael D. Freeborn (argued), Eugene H. Ruark, Rooks, Pitts, Fullagar & Poust, Chicago, Ill., Frank J. Miele, Riker, Danzig, Scherer & Hyland, Morristown, N. J., for Noranda Mines Limited.

Anthony Limitone, Jr., Morristown, N. J. (argued), for Amax, Inc.

Before HUNTER, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The principal question in this case is whether a New Jersey broker may receive a commission for the sale of mineral interests located in Florida. The district court granted summary judgment for the defendants, finding that the broker's agreement was void because he was not registered under the Florida Real Estate License Law. As we read the statute, it applies only to real estate brokerage or sales activity conducted...

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