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LEE v. MARTIN MARIETTA MATERIALS SOUTHWEST, LTD.

No. 04-02-00611-CV.

141 S.W.3d 719 (2004)

Robert E. LEE, Appellant, v. MARTIN MARIETTA MATERIALS SOUTHWEST, LTD., Appellee.

Court of Appeals of Texas, San Antonio.

June 23, 2004.

Attorney(s) appearing for the Case

Shawn K. Fitzpatrick, Fitzpatrick & Kosanovich, P.C., San Antonio, for appellant.

Daniel W. Lanfear, Sean B. McNelis, Matthews and Branscomb, P.C., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice.

OPINION

Opinion by PAUL W. GREEN, Justice.

This case arises from a breach of contract suit. Appellee Martin Marietta Materials Southwest, Ltd. ("Martin") filed suit against appellant Robert E. Lee ("Lee") and others to enforce a guaranty agreement executed between Lee and Martin's predecessor in name, Redland Worth Corporation. Lee filed a verified special denial and a motion to abate, claiming that Martin was defectively identified. Martin amended its pleadings...

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