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STATE, REAL ESTATE COM'N v. JOHNSTON

No. 7826.

682 P.2d 383 (1984)

STATE of Alaska, REAL ESTATE COMMISSION, Appellant, v. Myrna JOHNSTON and Eva Loken, Appellees.

Supreme Court of Alaska.

May 4, 1984.

Attorney(s) appearing for the Case

Richard D. Monkman, Asst. Atty. Gen., Anchorage, Norman C. Gorsuch, Atty. Gen., Juneau, for appellant.

W. Richard Fossey, Bankston & McCollum, Anchorage, and Peggy Alayne Roston, Anchorage, for appellees.

Lewis Gordon, Baily & Mason, Anchorage, for Alaska Ass'n of Realtors, amicus curiae.

Before BURKE, C.J., and RABINOWITZ, COMPTON and MOORE, JJ.

OPINION

PER CURIAM.

This appeal presents a first impression question as to the scope and applicability of Alaska's Real Estate Surety Fund.1 The issue raised is one of statutory construction, namely, whether the Real Estate Surety Fund provides recovery to claimants who, in the context of real estate transactions, suffer losses due to innocent misrepresentations made by real estate brokers or agents.

I. FACTS

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