MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
By this action, plaintiff National Cable Television Cooperative, Inc. ("NCTC") seeks damages arising from defendant Viacom International, Inc.'s ("Viacom") alleged breach of contract. The matter is presently before the court on defendant's motion to dismiss or, in the alternative, for summary judgment (doc. 18). For the reasons set forth below, defendant's motion is denied.
I. Facts
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