Memorandum Opinion and Order

Currently pending before the Court is Plaintiff and Third Party Defendants' Motion for Summary Judgment_ and Plaintiff and Third Party Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment. In response, Defendant/fhird Party Plaintiff filed its Response to Plaintiff's Motion for Summary Judgment and Plaintiff and Third Party Defendants filed Plaintiff and Third Party Defendants' Reply Memorandum of Law in Support of Their Motion for Summary Judgment. Also currently pending before the Court is Defendant/Third Party Plaintiff's Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment. In response, Plaintiff and Third Party Defendants filed Plaintiff and Third Party Defendants' Memorandum of Law in Opposition to West Virginia's Motion for Summary Judgment and Defendant/Third Party Plaintiff filed its Reply Memorandum in Support of West Virginia's Motion for Summary Judgment. Having reviewed said motions, all memoranda both in support and opposition, as well as all relevant case and statutory law, the Court hereby GRANTS Plaintiff and Third Party Defendants' Motion for Summary Judgment, DENIES Defendant/Third Party Plaintiff's Motion for Summary Judgment, and DISMISSES WITH PREJUDICE the Third Party Complaint.