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METRO. REAL ESTATE CORP. v. FREY

No. 2-284 A 61.

480 N.E.2d 267 (1985)

METROPOLITAN REAL ESTATE CORP., Edward L. Frickey, Jr. and Charles Coffman, Appellants (Plaintiffs below), v. Jerry W. FREY and Janice L. Frey, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied August 12, 1985.

Attorney(s) appearing for the Case

Harold E. Amstutz, Lafayette, for appellants.

James E. Huffer, Obear, Overholser, Smith & Huffer, Delphi, for appellees.

SULLIVAN, Judge.

Metropolitan Real Estate Corporation, Edward L. Frickey, Jr. and Charles Coffman (collectively "Brokers"), appeal the Trial Rule 41(B)1 involuntary dismissal of their claim for a real estate commission and the order directing the Brokers to return a $5,000 retainer and commission deposit paid by Jerry W. and Janice L. Frey ("Freys").

The issues presented are combined and rephrased as follows:

(1) Whether...

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