MEMORANDUM ORDER
MARTEN, District Judge.
The matter is before the court on cross-motions for summary judgment by plaintiff U Save Foods (previously known and identified herein as Sixth Street Food Stores) and defendant Nash Finch. The facts are not in any substantial dispute.
Summary judgment is proper where the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show there is no genuine issue...
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