OPINION AND ORDER
NORGLE, District Judge.
Before the court is the motion for summary judgment of Defendants Judge & Dolph, Limited ("Judge & Dolph") and Wirtz Corporation ("Wirtz"). In the alternative, Wirtz moves to dismiss the complaint against it for failure to state a claim upon which relief can be granted. For the following reasons, the motion for summary judgment is granted. Wirtz's motion to dismiss is denied as moot.
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