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MABRY v. TOM STANGER & CO.

No. 99CA1778.

33 P.3d 1206 (2001)

Frank L. MABRY; Ann M. Seltzer; Opal Ponvert, f/k/a Opal Mabry; the Jenkins Family Trust; Marion Edmund Jenkins and Louise Marcella Jenkins, Trustees; Marion E. Jenkins; and Louise M. Jenkins, Plaintiffs-Appellees and Cross-Appellants, v. TOM STANGER CO., a Colorado corporation, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 5, 2001.

Certiorari Denied November 13, 2001.

Attorney(s) appearing for the Case

Ted C. Wright, Durango, CO; David P. Smith, Durango, CO, for Plaintiffs-Appellees and Cross-Appellants.

McDaniel, Baty, Miller & Robbins, LLC, G.R. Miller, Denise Sague Robbins, Durango, CO, for Defendant-Appellant and Cross-Appellee.

Rothgerber Johnson & Lyons LLP, Richard K. Clark, Laura C. Peterson, Denver, CO, for Amicus Curiae Colorado Association of Realtors.

Opinion by Judge KAPELKE.

In this action arising from a failed real estate purchase transaction, defendant, Tom Stanger & Co. (Broker), appeals from the trial court's judgment dismissing, on breach of fiduciary duty grounds, its counterclaim for a brokerage commission. By cross-appeal, plaintiffs, Frank L. Mabry; Ann M. Seltzer (now Ann M. Barnes); Opal Ponvert, formerly Opal Mabry; the Jenkins Family Trust; Marion Edmund Jenkins; and Louise Marcella Jenkins,...

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