District Court, E.D. Texas March 18, 2003, 1:98-cv-01758 (Berry v. Allstate Insurance)

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S FIRST MOTION FOR SUMMARY JUDGMENT AND DENYING AS MOOT DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT

SCHELL, District Judge.

This matter is before the court on the following two motions: (1) “Defendant’s Motion for Summary Judgment” (Dkt.# 23), filed on February 17, 1999; and (2) “Defendant’s Second Motion for Summary Judgment” (Dkt.