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SWAIN v. SOUTHWESTERN BELL YELLOW PAGES, INC.

No. 2-99-002-CV.

998 S.W.2d 731 (1999)

Darren B. SWAIN d/b/a Hi Tech Communications, Appellant, v. SOUTHWESTERN BELL YELLOW PAGES, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

August 12, 1999.

Attorney(s) appearing for the Case

Frank Hernandez, Dallas, for appellant.

Douglas Hudman, Fort Worth, for appellee.

Panel A: CAYCE, C.J.; DAY and DAUPHINOT, JJ.

OPINION

SAM J. DAY, Justice.

In this appeal, we must determine whether Appellant Darren Swain, the defendant at trial, was entitled to testify on the issue of his damages despite his failure to respond to Southwestern Bell Yellow Pages' discovery requests. We hold he was not.

In 1996, Southwestern Bell sued Swain for breach of contract based on Swain's failure to pay for yellow pages advertising. Swain countersued for damages he allegedly incurred...

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