ORDER
RICHARD C. FREEMAN, District Judge.
This action is now before the court on the parties' cross motions for summary judgment on counts five, six, and seven of the plaintiff's Second Amended Complaint, Rule 56, Fed.R.Civ.P., and on motions to strike by both the plaintiff and defendant.
I. Procedural Motions
Before addressing the summary motions the court will dispose of the two pending motions to strike. Defendant moves to strike...
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