Opinion
Civil Action 4:19-cv-3293
12-21-2022
ELMEN HOLDINGS, LLC, Plaintiff, v. MARTIN MARIETTA MATERIALS, INC., SUCCESSOR BY MERGER TO TEXAS INDUSTRIES, INC., Defendant,
ORDER ADOPTING MAGISTRATE JUDGE'S AMENDED MEMORANDUM AND RECOMMENDATION
SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE
Having reviewed the Magistrate Judge's Amended Memorandum and Recommendation dated November 22,2022 (Dkt. 96), the objections thereto (Dkt. 97), and the response to objections (Dkt. 98), the court is of the opinion that said Amended Memorandum and Recommendation should be adopted by this court.
It is therefore ORDERED that the Magistrate Judge's Amended Memorandum and Recommendation is hereby ADOPTED by this court.
It is further ORDERED that Elemen's renewed Motion for Summary Judgment (Dkt. 88) is GRANTED and Martin Marietta's renewed Motion for Summary Judgment (Dtk. 87) is DENIED.
The court will issue a separate Final Declaratory Judgment.