OPINION
FISHER, District Judge.
Before the court are cross-motions for summary judgment for declaratory relief brought by plaintiff, Nestlé Foods Corporation ("Nestlé"), and by defendant, Aetna Casualty & Surety Company ("Aetna"). For the reasons set forth below, plaintiff's summary judgment motion is granted in part and denied in part, and defendant's summary judgment motion is denied in its entirety.
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