Duane Management Company v. Prudential Insurance Company

KENNEDY, Circuit Judge (pp. 249-250, delivered a separate opinion concurring in part and dissenting in part.

MERRITT, Chief Judge.

In this diversity case, Plaintiff Duane Management Company, a real estate leasing agent, appeals the district court’s order granting summary judgment in favor of defendant Prudential Insurance Company, the owner of commercial rental property. Duane and Prudential had entered into an agency contract in which Duane would act as Prudential’s leasing agent. Prudential subsequently sold the property and terminated the contract as it was entitled to do under the…