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DAUBMAN v. CBS REAL ESTATE CO.

No. S-96-734.

580 N.W.2d 552 (1998)

254 Neb. 904

Allen E. DAUBMAN and Renee A. Daubman, husband and wife, Appellees, v. CBS REAL ESTATE CO., a Nebraska corporation, and Arlene Engelbert, Appellants.

Supreme Court of Nebraska.

July 2, 1998.

Attorney(s) appearing for the Case

Mark S. Dickhute, Omaha, for appellants.

Richard J. Rensch, of Raynor, Rensch & Pfeiffer, Omaha, for appellees.

WHITE, C.J., and CAPORALE, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

CAPORALE, Justice.

I. STATEMENT OF CASE

Claiming that defendant-appellant CBS Real Estate Co. and its agent, defendant-appellant Arlene Engelbert, breached their fiduciary duties, plaintiffs-appellees, Allen E. Daubman and his wife, Renee A. Daubman, sought the return of the real estate sales commission they paid. Following a bench trial, the district court entered judgment in favor of the Daubmans. CBS and Engelbert...

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