MEMORANDUM OPINION
SUSAN K. GAUVEY, United States Magistrate Judge.
Now pending before this Court is plaintiff's motion for summary judgment as to Counts II and III of the First Amended Complaint and Count XII of defendant's Counterclaim. (ECF No. 77). Defendant has submitted a cross motion for summary judgment as to Count III of the First Amended Complaint. (ECF No. 81). The Court held a hearing on January 10, 2013 and invited, and the parties submitted...
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