Note: By optical character recognition (OCR) program. Errors will occur.

                                                                CAUSE NO. 03-00460

UDO BIRNBAUM                                                                     IN THE DISTRICT COURT OF

vs.                                                                                              VAN ZANDT COUNTY, TEXAS

RICHARD L. RAY, JOHN DOE, and                   

MARY DOE                                                                              294th JUDICIAL DISTRICT

                                                 DEFENDANT'S ORIGINAL ANSWER

 

TO THE HONORABLE JUDGE OF SAID COURT:

    Comes now RICHARD L. RAY, Defendant in the above entitled and numbered cause, by

and through his attorney and files this Original Answer, and would show unto the Court as follows:

1 Denial of Allegations

That Defendant enters a general denial.

2. Affirmative Defenses

    The Defendant affirmatively pleads as a defense the following: accord and satisfaction,

duress, estoppel, failure of consideration, fraud, illegality, laches, license, payment, release, res

judicata, statute of frauds, statute of limitations, and waiver.

3. Attorneys Fee and Expenses

    It was necessary for Defendant to secure the services of Joel C. Elliott, a licensed attorney,

to answer and defend this suit.

Plaintiff should be ordered to pay reasonable attorney fees, and judgment should be

rendered in favor of this attorney and against Plaintiff, or, in the alternative, such reasonable

attorney fees should be taxed as costs and ordered paid directly to the undersigned attorney.

Defendant's Original Answer; Cause No. 03-00460
Udo Birnbaum vs. Richard L. Ray, et al Page 1

4. Prayer

    Defendant prays that all relief prayed for by Plaintiff be denied and that the Court grant the

relief requested in this answer.

    Defendant prays that Defendant be awarded a judgment against Plaintiff for reasonable

attorney fees for the use and benefit of Defendant's attorney.

    Defendant prays for general relief.

RICHARD L. RAY, Defendant

Respectfully submitted,

 

JOEL C. ELLIOTT
State Bar No. 24012584
RAY & ELLIOTT, ATTORNEYS AT LAW, P.C.
300 SOUTH TRADE DAYS BLVD.
CANTON, TEXAS 75103
903 567-2051
903 567-6998 (FAX)

ATTORNEY FOR DEFENDANT

Defendant's Original Answer; Cause No. 03-00460
Udo Birnbaum vs. Richard L. Ray, et al Page 2

 

                                             CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing been sent via U.S. Mail to Mr.
Udo Birnbaum, 540 VZ CR 2916, Eustace, Texas 75124, this the 24th day of June, 2003.

                                                                                                         JOEL C. ELLIOTT

Defendant's Original Answer; Cause No. 03-00460
Udo Birnbaum vs. Richard L. Ray, et al Page 3