Industrial Specialty Chemicals v. Cummins Engine Co.

MEMORANDUM OPINION AND ORDER

ASPEN, Chief Judge:

Plaintiff Industrial Specialty Chemicals, Inc. (“ISC”) brings this six-count Amended Complaint against Cummins Engine Co., its subsidiary Fleetguard, Inc. (the “Corporate Defendants”), and two of Fleetguard’s employees, Doug Hudgens and Jerry Joyner (the “Individual Defendants”). Presently before this court is the defendants’ motion for summary judgment on Counts I, IV, and V. 1 For the reasons set forth below, the motion is granted in part and denied in part.

I. Background

Before discussing the material facts at issue, we briefly comment on the…