ORDER
ROBERT W. PRATT, Chief Judge.
Before the Court is a Motion to Dismiss filed by Henning Construction Co. ("Defendant" or "Henning") on June 28, 2011. Clerk's No. 13. Northland Truss System, Inc. ("Plaintiff" or "Northland") filed a resistance to the Motion on July 22, 2011. Clerk's No. 17. Defendant filed a Reply on July 27, 2011. Clerk's No. 18. The matter is fully submitted.
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