CHARLES SCHWARTZ, Jr., District Judge.
This matter came on for hearing on a former day on motion of the defendant for summary judgment. Solely for the purposes of this motion, the parties have jointly stipulated that there is no genuine issue of fact to be tried by the Court and the relevant facts are as follows:
The parties entered into an agreement, the terms of which are set forth in a written contract known as a "confirmation order", a copy of which is...
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