MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
By this action, plaintiff Kay-Cee Enterprises, Inc. ("Kay-Cee") seeks damages arising from defendant Amoco Oil Company's ("Amoco") alleged breach of contract. The matter is presently before the court on defendant's motion for summary judgment (doc. 75) and plaintiff's motion for partial summary judgment as to liability (doc. 79).
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