The Equitable Life Assurance Society of the United States v. Cushman & Wakefield of Texas, Inc.

FRANK M. JOHNSON, Jr., Circuit Judge:

This is an appeal from an order granting summary judgment to the Equitable Life Assurance Society of the United States in a diversity action brought by Equitable for a declaratory judgment that it does not owe a certain brokerage commission to Cushman & Wakefield.

Equitable, a New York corporation with its principal place of business in New York City, is a lessor of commercial real estate. Cushman & Wakefield, a Texas corporation with its principal place of business in Dallas, is a commercial real estate broker. In August, 1978, Texas Instruments, Inc.,…