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

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 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98-4268 (S.D. Tex. 13 July 2000) (unpublished).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

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