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GORDON A. GUNDAKER v. REAL ESTATE COM'N

No. 64022.

878 S.W.2d 466 (1994)

GORDON A. GUNDAKER REAL ESTATE COMPANY, INC., d/b/a Gundaker Realtors/Better Homes & Gardens, Plaintiff/Respondent, v. MISSOURI REAL ESTATE COMMISSION, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 30, 1994.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jane A. Rackers, Asst. Atty. Gen., Jefferson City, for appellant.

Vatterott, Shaffar & Dolan, P.C., Frank J. Vatterott, St. Ann, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 30, 1994.

KAROHL, Judge.

The Missouri Real Estate Commission appeals a trial court decision in a declaratory judgment action declaring the Gundaker Real Estate Company's "Ten G" sales incentive program not to be in violation of either § 339.100.2(12) or 4 CSR 250-8.070(5)(A), (B) and (C). On appeal, the Commission argues the trial court erred because this program: (1) uses prizes or money...

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