OPINION
FRANK R. ALLEY, III, Bankruptcy Judge.
Plaintiff filed a motion for summary judgment on counts I and III of his complaint. Defendant filed a response to Plaintiff's motion and, through the motions of third-party defendants, a cross-motion for summary judgment on all counts. For the reasons that follow, Plaintiff's motion for summary judgment will be denied and Defendant's motion for summary judgment will be granted.
BACKGROUND
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