Act, Inc. v. Sylvan Learning Systems, Inc

ORDER

MELLOY, Chief Judge.

This matter comes before the court pursuant to defendant’s July 15, 1999 motion for summary judgment (docket number 101). The plaintiff resisted defendant’s motion for summary judgment on August 17, 1999 (docket number 115). Defendant filed a reply to plaintiffs resistance on September 7, 1999 (docket number 126). Oral argument was heard concerning this motion on September 27, 1999. For the reasons set forth below, defendant’s mo tion for summary judgment is granted in part and denied in part.

Count I of plaintiff’s (ACT’s) complaint alleges that the defendant (Sylvan)…