District Court, N.D. Texas May 25, 2000, CIV.A. 3:99CV0073M (E & R Rubalcava Construction, Inc. v. Burlington Insurance)

MEMORANDUM OPINION AND ORDER

LYNN, District Judge. ■

Before the Court is Defendant’s Motion for Summary Judgment filed November 29, 1999, Plaintiffs’ request for partial summary judgment

sua sponte,

briefs in support thereof, and all responses and replies thereto. The Court heard oral argument on March 16, 2000.