MEMORANDUM OPINION AND ORDER
REBECCA BEACH SMITH, District Judge.
This matter is before the court for resolution of two unresolved issues from Defendant's Motion for Summary Judgment.
I. Factual and Procedural History
Plaintiff, Smithfield Ham and Products Company, Inc. ("Smithfield"), is a food products company based in Smithfield, Virginia. Smithfield contracted with Defendant, Portion Pac, Inc. ("PPI"), and its predecessors...
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