MEMORANDUM OPINION AND ORDER
DARRAH, District Judge.
Before this Court is plaintiffs, Newcourt Financial USA. Inc.'s (Newcourt), Motion for Summary Judgment and defendant/third-party plaintiff's, FT Mortgage Companies, Inc.'s (FT Mortgage), Cross-Motion for Summary Judgment.
Summary judgment is proper if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is
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