RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT
ELLEN B. BURNS, District Judge.
In this action for contribution, plaintiff Wilbert Swift has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and defendant Roger Levesque has filed a cross motion for summary judgment on his counterclaim, in which he essentially seeks indemnification. In a related action that forms the basis for this action,
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