ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
SPIEGEL, District Judge.
FACTS
This matter is before the Court on the defendant's motion for summary judgment (doc. 16), the plaintiff's memorandum in opposition (doc. 35), and the defendant's reply (doc. 38).
The case before the Court involves a machine which never matched the expectations that the parties had for it. The machine was supposed to function as...
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