MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on Defendant J & M Incorporated's ("J & M's")Motion for Summary Judgment 1 [Doc. 21], in which J & M asserts that there is no genuine issue of material fact and the Complaint [Doc. 1-2] filed by plaintiffs Upperline Equipment Company, R & K Equipment Services, and North American Machinery, Inc. (referred to hereinafter as "Plaintiffs") should be dismissed as a matter of law. Plaintiffs have filed a...