MEMORANDUM OPINION AND ORDER
AMY J. ST. EVE, District Judge:
Plaintiff/Counter-Defendant BP Amoco Chemical Company ("BP Amoco") filed suit seeking a declaration that it had not breached a contract with Defendant/Counter-Plaintiff Flint Hills Resources, LLC ("Flint Hills"). (R. 8-1, Am. Compl.) Flint Hills filed counterclaims against BP Amoco for fraud and breach of contract. (R. 14-3, Answer & Countercls.) Flint
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