Rudy Lightsey v. Harding, Dahm & Company, Inc.

BAUER, Circuit Judge.

Plaintiff-appellant Rudy Lightsey appeals from the district court’s order granting summary judgment to defendant Harding, Dahm & Company. The district court held that Lightsey’s claim had already been determined by the Indiana Real Estate Commission and was therefore barred from relitigation by collateral estoppel. We reverse because the Indiana Real Estate Commission did not have authority to determine the disputed issue.

I

In 1979, one J. L. Fine agreed to purchase some real estate in Fort Wayne, Indiana from the First Federal Savings and Loan Association. Appellee…