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J.C. NICHOLS CO. v. OSBORN

No. 97-2138-JWL.

12 F.Supp.2d 1196 (1998)

J.C. NICHOLS COMPANY, Plaintiff, v. James and Sheryl OSBORN, Jr., Defendants.

United States District Court, D. Kansas.

June 23, 1998.

Attorney(s) appearing for the Case

Douglas J. Schmidt, Linda I.T. Zabriskie, Blackwell, Sanders, Peper, Martin, LLP, Daniel M. Dibble, Timothy K. McNamara, David T.M. Powell, Lathrop & Gage L.C., Kansas City, MO, for Plaintiff.

Lee M. Smithyman, David J. Roberts, Smithyman & Zakoura, Chtd., Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this diversity action, plaintiff real estate company has sued defendants for breach of contract to recover commissions on the sale of defendants' property. The matter is presently before the court on defendants' motion for summary judgment (Doc. 40). Because plaintiff may be entitled to recover the commissions as a result of defendants' breach of the contract's referral provision, the court denies...

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