Keller Williams, et al v. Chrysler First Bus

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-20709
Summary Calendar
_____________________
KELLER WILLIAMS REALTY SOUTHWEST; DEBBIE MILLER,
Plaintiffs-Appellants,
versus
CHRYSLER FIRST BUSINESS CREDIT CORPORATION,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-98-CV-4268)
_________________________________________________________________
January 9, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Concerning the cross-motions for summary judgment in their
action for breach of a commercial real estate listing agreement,
Keller Williams Realty Southwest and Debbie Miller appeal the
judgment granted Chrysler First Business Credit Corporation,
contending the district court: erred by basing the judgment on an
unasserted affirmative defense; erred by denying them summary
judgment on their breach of contract claim on the ground it was not

-- 1 of 2 --

2
pleaded in the original complaint; and abused its discretion by
denying leave to amend.
Based upon our de novo review of the record and our review of
the briefs, we AFFIRM, essentially for the reasons stated in the
magistrate judge’s well-reasoned opinion. Keller Williams Realty
Southwest, et al. v. Chrysler First Business Credit Corp., No. H-
98-4268 (S.D. Tex. 13 July 2000) (unpublished).
AFFIRMED

-- 2 of 2 --