District Court, D. Delaware March 28, 2012, Civil Action No. 08-543-LPS (Southern Track & Pump, Inc. v. Terex Corp.)

MEMORANDUM OPINION

STARK, District Judge:

I. INTRODUCTION

Currently pending before the Court are the following motions filed by Plaintiff Southern Track and Pump, Inc. (“STP”) and Defendant Terex Corporation (“Terex”):

• Defendant’s Motion for Partial Summary Judgment on Counts I and II of the Second Amended Complaint (D.I.