ORDER
WHIPPLE, District Judge.
Before the court is plaintiff's motion, filed September 14, 1988, for partial summary judgment pursuant to Rules 56(a) and 56(d), Fed.R.Civ.P. Defendant filed a response in opposition on October 7, 1988. Plaintiff filed reply suggestions on October 14, 1988. For the reasons set forth below, the motion will be granted.
I. Procedural Background
The three-count complaint was filed September 15, 1987. Count I...
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