MEMORANDUM OPINION AND ORDER
SANDERS, Chief Judge.
Before the Court are Plaintiff's Motion for Partial Summary Judgment, filed April 20, 1990, and Defendant's response, filed May 10, 1990. Plaintiff moves for a judgment that the liquidated damages provision in the contract between the parties providing for $500 per day of delay is an unenforceable penalty clause.
Under Texas law, a liquidated damages provision will be enforced when the court finds...
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