Battelle Memorial Institute v. Nowsco Pipeline Services, Inc.

OPINION & ORDER

MARBLEY, District Judge.

This cause comes before the Court on Plaintiffs Motion for Summary Judgment and Defendant’s Motion for Declaratory Judgment. For the following reasons, Plaintiffs Motion for Summary Judgment is GRANTED in part and DENIED in part; Defendant’s Motion for Declaratory Judgment is DENIED.

I. FACTS

Plaintiff Battelle Memorial Institute (“Battelle”) is a not-for-profit corporation, organized under the laws of Ohio, which operates a testing facility for performing scientific research and development for government and industrial clients. One of Battelle’s…