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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA FAGNELLI PLUMBING COMPANY, INC., Plaintiff, v. GILLECE PLUMBING AND HEATING, INC. ET AL., Defendants. 10cv0679 ELECTRONICALLY FILED

MEMORANDUM OPINION RE. PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS. 65 & 69) I. INTRODUCTION Currently pending before this Court are Cross-Motions for Summary Judgment filed by Plaintiff Fagnelli Plumbing Company, Inc. ("Fagnelli") and Defendants Gillece Plumbing and Heating, Inc., Gillece Services, LP, Thomas Gillece, and Joseph Benz (collectively referred to as "Defendants"). Doc. Nos. 65 & 69, respectively. The Court has reviewed the parties Motions for Summary Judgment, briefs in support, the parties concise statement of facts, and responses in opposition to the Motions for Summary Judgment. For the reasons which follow, the Court has determined that there are no genuine issues of material fact present, will grant Plaintiffs Motion for Summary Judgment as to Counts I-III, and will deny Defendants Motion for Summary Judgment for the reasons set forth below. II. FACTUAL BACKGROUND The following facts are material and are not contested by the parties. Defendant Thomas Gillece ("Gillece") is President and CEO of Defendant Gillece Plumbing and Heating, Inc. ("Gillece Plumbing"). Doc. No. 81,

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