MEMORANDUM OF DECISION AND ORDER
MISHLER, District Judge.
Defendant moves for summary judgment, dismissing the complaint. Plaintiff opposes the motion.
BACKGROUND
The following facts are undisputed or conceded:
Plaintiff, Elroy Enterprises, Inc. ("Elroy"), is a New York corporation. Defendant, Roadway Express, Inc. ("Roadway"), is an interstate motor carrier engaged in the business of...
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