MEMORANDUM OPINION
BARNES, District Judge.
Before the Court are two pending motions for summary judgment. The first motion was filed on behalf of Plaintiff Bituminous Casualty Corporation ("Bituminous") and is styled as Plaintiff's Amended and Substituted Motion for Summary Judgment. (Doc. No. 36). Separate Defendant Tri-State Oil Tool Company, Inc. ("Tri-State") has filed a response to the motion. (Doc. No. 42).
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