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CARDINAL v. MERRILL LYNCH REALTY/BURNET

No. C3-88-57.

433 N.W.2d 864 (1988)

JoAnne CARDINAL, et al., Respondents, v. MERRILL LYNCH REALTY/BURNET, INC., Appellant.

Supreme Court of Minnesota.

Rehearing Denied January 30, 1989.

Attorney(s) appearing for the Case

Gordon G. Busdicker, John F. Beukema, Wendy J. Wildung, R. Thomas Torgerson, Minneapolis, for appellant.

James N. Reuter, Jeffrey S. Johnson, Minneapolis, for respondents.

James R. Safley, Minneapolis, for Minnesota Ass'n of Realtors, amicus curiae.

James M. Neilson, Stephen J. Nash, Charles W. Philipsek, Anoka, for Minnesota State Bar Ass'n, amicus curiae.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

Merrill Lynch Realty/Burnet, Inc. (MLRB) obtained accelerated review of a decision of the district court determining that it engaged in the unauthorized practice of law in violation of Minn.Stat. § 481.02 (1986) by charging and collecting a drafting fee for closing services in connection with the sale of real estate. This "test case" in an uncertified class action was tried on stipulated facts before the district court, which, pursuant to Minn...

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