ORDER AND OPINION
MARBLEY, District Judge.
I. Introduction
This matter is before the Court on Kramer Consulting, Inc.'s Motion for Summary Judgment in Case No. 2:02CV115, and Kevin McCarthy and Xcel Corporation's Motion for Summary Judgment in Case No. 2:02CV116. For the following reasons, Kramer Consulting, Inc.'s Motion for Summary Judgment in Case No. 2:02CV115 is
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