MEMORANDUM AND ORDER
McNAUGHT, District Judge.
This matter comes before the Court on the defendant's motion for partial summary judgment. The defendant moves for an order granting summary judgment in its favor as to the fifth and sixth counterclaims in its first amended answer. The parties have favored the Court with memoranda, affidavits and oral argument. A bit of background is helpful in understanding the real issue which must be decided: who is the proper...
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