The opinion
HUGHES, Justice
(dissenting).
It is my opinion that the only basis upon which the expulsion of appellants can be sustained is their failure to abide by the award of the Arbitration Committee.
The Rules and Regulations of the Austin Multiple Listing Service provide that, “Only exclusive right-to-sell listings shall be processed by the Service. * * * ” It is undisputed that the listing upon which the Arbitration Committee based its award is not of the type specified by the rules. The listing involved should not have been “processed by the service.” It could not, under the facts here, form a legal claim for a commission by Bauerle.
It is my opinion that the award of the Committee is based upon a mistake which is gross and palpable and vitiates its award. See Arbitration and Award, 6 Tex.Jur.2d, Sec. 65, p. 88.
It is my opinion that appellants were entitled to a temporary injunction reinstating them as members of the Austin Real Estate Board, Inc., pending final determination of this controversy.