MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
A loan contract between plaintiff Lyons Savings and Loan Association ("Lyons"), an Illinois banking corporation, and Geode Company ("Geode"), an Arizona general partnership, has resulted in this hotly contested diversity lawsuit. In our opinion, we deal with five pre-trial motions filed by the parties. First, Lyons has moved for summary judgment on Count I of its complaint seeking declaratory relief under...
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