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MEISLER v. SMITH

No. 86-1232.

814 F.2d 1075 (1987)

Paul S. MEISLER, Plaintiff-Appellee, v. Jacqueline A. SMITH and Clarence E. Smith, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Petition for Rehearing Withdrawn June 15, 1987.

Attorney(s) appearing for the Case

Eric W. Buether, Dallas, Tex., for defendants-appellants.

Gaye Rothman, Richard McCarroll, Austin, Tex., for plaintiff-appellee.

Before GARWOOD, JOLLY and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

This diversity appeal presents the question of whether, under Texas law, Paul S. Meisler, a real estate broker, is entitled to receive a real estate commission from Jacqueline A. and Clarence E. Smith (the Smiths) even though the property they engaged Meisler to sell was never sold. The district court concluded after a jury trial that Meisler had procured ready, willing and able purchasers...

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