MEMORANDUM OPINION AND ORDER
JANE J. BOYLE, District Judge.
Before the Court are Plaintiff Fluor Corporation's ("Fluor") Motion for Summary Judgment (doc. 78), and Defendant/Counterclaimant Citadel Equity Fund Ltd.'s ("Citadel") Motion for Summary Judgment(doc. 79), both filed July 14, 2009. For the reasons set forth below, the Court finds that Fluor's Motion should be and hereby is
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