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IN RE GARDINIER, INC.

No. 86-3638.

831 F.2d 974 (1987)

In re GARDINIER, INC., Debtor. J. Leland BYRD, d/b/a Kilgore Real Estate, Plaintiff-Appellee, v. GARDINIER, INC., Defendant, Alvin Bernstein, as Trustee of Reorganization Trust No. 1, Appellant.

United States Court of Appeals, Eleventh Circuit.

November 5, 1987.

Attorney(s) appearing for the Case

Robert Soriano, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., for appellant.

Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, Susan B. Morrison, Tampa, Fla., for plaintiff-appellee.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The issue in this bankruptcy case is whether an agreement to pay a brokerage commission, contained within the same document as a purchase and sale agreement, is a separate and distinct contract from the purchase and sale agreement. The district court, reversing the bankruptcy court, held that the agreements were not separate and distinct. We reverse the district court.

I. BACKGROUND

On February 11, 1985, the debtor, Gardinier...

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