MEMORANDUM OPINION
GRADY, District Judge.
This cause comes before the court on cross motions for summary judgment on Count II of the three-count complaint. Fed.R.Civ.P. 56. Counts I and III have been dismissed pursuant to settlement by the parties. All the facts relevant to Count II have been stipulated to and there is no dispute of fact which would preclude our granting summary judgment. For reasons discussed below, we grant plaintiff's motion for summary...
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