No. 82-2135.

738 F.2d 1092 (1984)

Catherine B. RAMSEY, Plaintiff-Appellee, v. Charles H. CULPEPPER and The Farmington Investment Company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 5, 1984.

Attorney(s) appearing for the Case

Charles E. Stuckey, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N.M. (George T. Harris, Jr., Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N.M., with him on the brief), for defendants-appellants.

Steven L. Tucker, Jones, Gallegos, Snead & Wertheim, Santa Fe, N.M., for plaintiff-appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an action which originally was filed by the appellee herein in the United States District Court for the District of New Mexico. The defendant Charles Culpepper is a realtor, and operates a real estate office, which is also a party to this action. The action alleges breach of fiduciary duty in connection with the negotiation of a lease on plaintiff's behalf. Below the realtor moved for summary judgment on the basis that the...

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