Scenic Galveston, Inc. v. Infinity Outdoor, Inc.

AMENDED ORDER DENYING DEFENDANT’S MOTION TO ALTER OR AMEND AND DISMISSING DEFENDANT’S COUNTERCLAIM

KENT, District Judge.

Plaintiff brought this declaratory judgment action seeking a determination that Defendant exercised its right under a billboard contract to terminate the agreement. In a previous Order, dated July 23, 2001, the Court Granted Plaintiffs Motion for Summary Judgment. Now before the Court is Defendant’s Rule 59(e) Motion to Alter or Amend. For the reasons stated below, Defendant’s Motion is DENIED and Defendant’s Counterclaim is DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT…