OPINION AND ORDER
DAVID S. PORTER, Chief Judge:
This case is before the Court on cross-motions for summary judgment and supporting memoranda (docs. 55, 58, 59, 60 and 61). After consideration, the Court concludes that the case cannot be fully adjudicated on the cross-motions, and a trial will be necessary. A hearing was held and, by examining the pleadings and the evidence before it and by interrogating counsel, the Court concluded it is practicable to ascertain...
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