MEMORANDUM OPINION AND ORDER
MAROVICH, District Judge.
Pursuant to Fed.R.Civ.P. 56, Plaintiff/Counter-Defendant Lionel Trains, Inc. ("Lionel") moves for summary judgment on Counts I, III and IV of Defendant/Counter-Plaintiff Frank Albano's ("Albano") counterclaim. In its complaint, Lionel seeks recovery of sums owed by Albano for goods delivered to Albano, d/b/a Choo Choo Works. Albano has brought a four count counterclaim against Lionel for breach...
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