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BOYERT v. TAUBER

No. 91-1428.

973 F.2d 370 (1992)

Ross J. BOYERT, d/b/a The Ross Group, Plaintiff-Appellant, v. Laszlo N. TAUBER, Defendant-Appellee, and Julian D. Pars; Consolidated Financial Trust, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1992.

Attorney(s) appearing for the Case

Earl Landers Vickery, Vickery, Kilbride, Gilmore & Vickery, Houston, Tex., argued (Arnold Anderson Vickery, on brief), for plaintiff-appellant.

Roger Tehan Scully, II, Bethesda, Md., argued (William D. Quarles, Nancy A. Voisin, Venable, Baetjer, Howard & Civiletti, Washington, D.C., on brief), for defendant-appellee.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

PER CURIAM:

In this diversity case governed by Texas law we certified to the Supreme Court of Texas the following questions:

(a) Whether the doctrine of partial performance permits a broker to maintain an action for a real estate commission where the memorandum evidencing the agreement refers to "outside brokers" but does not provide a complete listing of their names. (b) Whether parol evidence may be admitted to identify the broker to whom a commission...

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