MEMORANDUM OPINION
MOTZ, Chief Judge.
In bankruptcy court, the Binswanger Companies ["Binswanger" or "appellant"] sought payment of a commission on a sale of real estate formerly owned by a Chapter 7 debtor. Part of Binswanger's case survived a motion to dismiss, Binswanger Cos. v. Merry-Go-Round Enters., Inc. (In re Merry-Go-Round Enters., Inc.),
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