ORDER
JAMES C. HILL, Circuit Judge, Sitting by Designation.
This action is presently before the court on the cross-motions of the parties for summary judgment. Upon careful consideration of the record and briefs, the court is persuaded that there is no genuine issue of material fact and that the defendant is entitled to judgment as a matter of law. Rule 56, Fed.R.Civ.P.
The facts appear as follows: the defendant, Warren E. Gilbert, was one of the...
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