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MALATESTA ASSOC. v. CENTURY 21 RUETER

739 A.2d 1076 (1999)

D.J. MALATESTA ASSOCIATES, INC., Appellant, v. CENTURY 21 RUETER, INC.; Rueter Realty Co.; Francis P. Rueter and Commonwealth of Pennsylvania, State Real Estate Commission. D.J. Malatesta Associates, Inc., et al. v. Century 21 Rueter, Inc.; Rueter Realty Co., and Francis P. Rueter and Commonwealth of Pennsylvania, State Real Estate Commission. Irwin A. Egendorf and Janson Associates (Irwin A. Egendorf & Jayne H. Egendorf), Appellants.

Commonwealth Court of Pennsylvania.

Decided September 9, 1999.

As Clarified on Reconsideration November 17, 1999.

Reargument Denied November 17, 1999.

Attorney(s) appearing for the Case

William Miller, Philadelphia, for appellants.

Jude T. Walsh, Harrisburg, for appellee.

Before DOYLE, J., McGINLEY, J., and JIULIANTE, Senior Judge.

DOYLE, Judge.

D.J. Malatesta Associates, Inc. (Malatesta) appeals from an order of the Court of Common Pleas of Philadelphia County which adjudicated the claims of twenty individual claimants against three real estate brokers under the Pennsylvania Real Estate Recovery Fund (Fund)1 for misrepresentation and fraudulent conduct.

The lengthy procedural and factual history of the litigation is as follows. On March 20, 1995, Malatesta...

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