ORDER
WILLIAM C. LEE, District Judge.
This matter is before the court on the motion of Levin and Sons, Inc. ("Levin"), a third-party defendant, to dismiss the complaint of SCA Services of Indiana, Inc. ("SCA"), the third-party plaintiff, or, in the alternative, for summary judgment. As the parties have both submitted materials outside of the pleadings, the court will consider the motion to be solely a request for summary judgment.
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