MEMORANDUM OPINION AND ORDER
SHARP, United States Magistrate Judge.
This matter is before the Court on a motion by Plaintiff NAS Surety Group ("NAS") for summary judgment (Pleading No. 25) and a cross-motion by Defendant Lumber Mutual Insurance Company ("Lumber") for summary judgment (Pleading No. 30). The motions have been fully briefed, and the Court heard oral argument from the parties on June 4, 2003. The motions are ready for a ruling.
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