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GAMBLE v. NORTON

No. 01-94-00460-CV.

893 S.W.2d 129 (1995)

William R. GAMBLE and John C. Simmons; d/b/a Gamble, Simmons & Company, Appellants, v. James C. NORTON and Texas Real Estate Commission, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

January 19, 1995.

Attorney(s) appearing for the Case

G. Riley Hetherington, Katy, for appellants.

Dan Morales, Jorge Vega, Suzanne Formby Marshall and George Warner, Austin, Michael L. Landrum, Houston, for appellees.

Before OLIVER-PARROTT, C.J., and MIRABAL and O'CONNOR, JJ.

OPINION

O'CONNOR, Justice.

This case involves the issue of whether a party can recover from the Real Estate Recovery Fund (the Fund)1 for acts committed by a real estate broker while the broker was acting as a manager and principal of an investment venture. We hold the Fund is not liable for damages in this case because the acts of the broker about which the plaintiff complains were committed by the broker in his role as investment...

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