MEMORANDUM OPINION
LATCHUM, Senior District Judge.
I. INTRODUCTION
Plaintiff Daniel Miller ("Miller"), a commercial photographer, instituted this action against defendant Newsweek, Inc. ("Newsweek"), seeking $108,000 in damages for the alleged loss of 72 photographic negatives sent by Miller to Newsweek. (Docket Item ["D.I."] 1.) Miller's complaint consists of two counts. Count One is a breach of contract claim, alleging that Newsweek breached...
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