OPINION AND ORDER
REBECCA BEACH SMITH, District Judge.
Pending now before the court is the Plaintiff's, Noell Crane Systems GmbH ("Noell Crane"), Motion for Partial Summary Judgment or Alternatively for Preliminary Injunction (see Docket # 6), filed on August 17, 2009, and the Defendant's, Noell Crane and Service, Inc. ("NCSI"), Motion to Dismiss or Abstain Noell Crane's Complaint (see Docket # 15), filed on September 8, 2009.
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