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PROPERTY ASSET v. MAGNA ASSOCIATES

No. 97CA2256.

992 P.2d 654 (1999)

PROPERTY ASSET BROKERAGE, LLC, Plaintiff-Appellee, v. MAGNA ASSOCIATES LIQUIDATING TRUST, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Certiorari Denied January 24, 2000.

Attorney(s) appearing for the Case

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Darrell G. Waas, Patricia C. Campbell, Denver, Colorado, for Plaintiff-Appellee.

Senn Lewis Visciano & Strahle, P.C., Frank W. Visciano, Luis A. Toro, Denver, Colorado; Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, for Defendant-Appellant.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, David I. Marsh, Senior Assistant Attorney General, Denver, Colorado, for Amicus Curiae Colorado Real Estate Commission.

Rothgerber Johnson & Lyons, LLP, Richard K. Clark for Amicus Curiae Colorado Association of Realtors and Denver Metro Commercial Association of Realtors.

Opinion by Judge JONES.

Defendant, Magna Associates Liquidating Trust (Magna), appeals from an order entering partial summary judgment in favor of plaintiff, Property Asset Brokerage, LLC (broker), and denying Magna's cross-motion for partial summary judgment. We affirm.

In May 1995, the broker and Magna entered into a brokerage agreement whereby it was agreed that the broker would act as the exclusive listing agent for the sale of condominium units owned...

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