MEMORANDUM AND ORDER
HARPER, District Judge.
This matter is before the Court on defendant's motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. Plaintiff also has filed a motion for partial summary judgment in this case.
Plaintiff, Swan Construction Co., Inc., is a Missouri corporation with its principal place of business in the City of St. Louis, Missouri. Defendant, Bituminous Casualty Corp., is an Illinois corporation...
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