MEMORANDUM OPINION
VARNER, Chief Judge.
This cause is now submitted to the Court on the motion for summary judgment filed herein July 29, 1980, by Defendant, The Great Atlantic & Pacific Tea Company, Inc., (hereinafter A & P). Upon consideration of the briefs, the affidavits and the relevant materials, this Court is of the opinion that there are no material issues of fact, and A & P is entitled to judgment as a matter of law.
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