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CAPPS v. NEWMARK SOUTHERN REGION, LLC

No. 21-1196.

53 F.4th 299 (2022)

Timothy CAPPS, Plaintiff-Appellant, v. NEWMARK SOUTHERN REGION, LLC; Newmark & Company Real Estate, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 16, 2022.

Attorney(s) appearing for the Case

ARGUED: Troy D. Shelton , FOX ROTHSCHILD LLP, Raleigh, North Carolina, for Appellant. David A. Paul , CANTOR FITZGERALD, New York, New York, for Appellees. ON BRIEF: Matthew Nis Leerberg , FOX ROTHSCHILD LLP, Raleigh, North Carolina, for Appellant. Jonathan D. Sasser , Thomas H. Segars , ELLIS & WINTERS, LLP, Raleigh, North Carolina, for Appellees.

Vacated and remanded by published per curiam opinion.

Timothy Capps is a commercial-real-estate broker specializing in tenant representation. In 2015, he entered into an independent-contractor agreement with Newmark Southern Region, LLC (Newmark) —an international real-estate brokerage and advisory firm. Issues arose, and Newmark terminated its relationship with Capps. Contending that his...

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