MEMORANDUM AND ORDER
CANNELLA, District Judge:
Plaintiff's motion for summary judgment is granted. Fed.R.Civ.P. 56.
The third-party defendants' motion (1) to dismiss the complaint for lack of subject matter jurisdiction is denied, Fed.R.Civ.P. 12(b)(1), and (2) to dismiss the third-party complaint for insufficiency of service of process, failure to state a claim upon which
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