MEMORANDUM OPINION
FLAUM, District Judge:
This matter comes before the court on the defendant Massey-Ferguson, Inc.'s ("Massey-Ferguson") motion for summary judgment on the complaint and the third party defendant James Stearns' ("Stearns") motion for leave to file an amended counterclaim. For the reasons set forth below, the motion for summary judgment is granted as to count I of the complaint and denied as to count II of the complaint. In addition, the...
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