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STOLTZ REALTY CO. v. RAPHAEL

458 A.2d 21 (1983)

STOLTZ REALTY CO., a Delaware corporation, Plaintiff Below, Appellant, v. Benjamin RAPHAEL and Helen Raphael, his wife, Defendants Below, Appellees. v. ALDEN BUGHER ASSOCIATES, INC., a Delaware corporation, Third-Party Defendants Below, Appellee.

Supreme Court of Delaware.

Decided: March 11, 1983.

Attorney(s) appearing for the Case

Samuel J. Frabizzio, Agostini & Frabizzio, Wilmington, for appellant.

Edward J. Sobolewski, Jr., Wilmington, for Benjamin and Helen Raphael, appellees.

Richard S. McCann, Wilmington, for Alden Bugher Associates, Inc., appellee.

Before McNEILLY, HORSEY and MOORE, JJ.

MOORE, Justice:

This is an action to recover a real estate broker's fee allegedly owed the plaintiff, Stoltz Realty Co., by Benjamin and Helen Raphael due to the sale of certain commercial real estate owned by the Raphaels in Newark, Delaware. The Superior Court granted the Raphaels' motion for summary judgment on the ground that Stoltz had previously arbitrated the issue with another real estate broker, the third-party defendant Alden Bugher Associates, Inc. Stoltz...

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