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COLDWELL BANKER RES. v. MO. REAL ESTATE COM'N

No. 67204.

712 S.W.2d 666 (1986)

COLDWELL BANKER RESIDENTIAL REAL ESTATE SERVICES, INC., Plaintiff-Respondent/Cross-Appellant, v. MISSOURI REAL ESTATE COMMISSION, Defendant-Appellant/Cross-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 15, 1986.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Richard Baugh, Asst. Atty. Gen., Jefferson City, for defendant-appellant.

Laurence R. Tucker, Kansas City, for plaintiff-respondent.

BLACKMAR, Judge.

The plaintiff-respondent, Coldwell, is a real estate broker licensed in Missouri. It is a wholly-owned subsidiary of Sears, Roebuck & Co., (Sears), the well-known national merchandising chain.

In 1982 Coldwell developed a promotional sales program known as the "Sears Home Buyer's Savings Program" (Savings Program). Home buyers who purchase a home through Coldwell receive, after the closing of the transaction, a booklet of coupons entitling...

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