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AMERUS PROPERTY BROKERS v. HICKLIN

No. 97-326.

585 N.W.2d 245 (1998)

AMERUS PROPERTY BROKERS d/b/a Iowa Realty Commercial Brokers, Appellee, v. Robert V. HICKLIN, Sr., Individually and as Managing General Partner for Big "H" Realty Partnership; Robert V. Hicklin, Jr., Gregory A. Hicklin; Judith A. Hicklin, Frances E. Hicklin, Individually and as Partners of Big "H" Realty Partnership, Appellants.

Supreme Court of Iowa.

October 21, 1998.

Attorney(s) appearing for the Case

Randy Duncan, Miriam S. Sawtelle, and R. Mathieson Duncan of Duncan, Green, Brown, Langeness & Eckley, P.C., Des Moines, for appellants.

Jeffrey L. Goodman of Shearer, Templer & Pingel, P.C., West Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

This case involves a real estate brokerage firm's attempt to recover a commission on the renewal of a commercial lease between two parties originally brought together by the broker. The question is whether the second lease is a "negotiated renewal" qualifying for a commission under the parties' listing agreement, or a totally "new" lease beyond the parties' agreement. Ruling on the parties' cross-motions for summary judgment, the district court entered...

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