MEMORANDUM
DENNEY, District Judge.
This matter comes before the Court upon the defendant's motion for summary judgment [Filing # 18]. Briefs and affidavits have been submitted and a hearing was held before the Court on February 9, 1979.
BACKGROUND
In effect, this motion is quite similar to an earlier motion to dismiss [Filing # 11] filed by the defendant. The latter motion was denied at that time, the Court being of the opinion that it...
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