Bodemer v. Swanel Beverage, Inc.

OPINION AND ORDER

JAMES T. MOODY, District Judge.

Plaintiffs and counter-defendants William Bodemer and Innovative Beverage Inc. have moved for summary judgment on their complaint for a declaratory judgment and on defendant and counter-claimant *721Swanel Beverage, Inc’s (hereinafter “Swanel”) counterclaims. (DE # 34.) For the reasons set forth below, that motion is granted in part and denied in part.

I. BACKGROUND1

Swanel is a privately held beverage corporation headquartered in Hammond, IN, that does business across the United States. Swanel’s business consists of selling approximately fifty soft…