MEMORANDUM OPINION
JOHNSON, District Judge.
Currently before the Court are cross-motions for summary judgment as to the claims asserted by plaintiffs and the counterclaims asserted by defendant (docs. 54 and 56). This court heard oral argument on the motions and has reviewed the memoranda of law and evidence submitted by the parties. The facts before this court are as follows:
The plaintiff alleges in its thirty-eight count amended complaint...
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