OPINION GRANTING DEFENDANT'S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT
HILLMAN, Chief Judge.
On September 30, 1987, defendant filed a motion for summary judgment on plaintiff's four count complaint. With respect to count IV, defendant also argued that the complaint should be dismissed for failure to state a claim. The court heard oral argument on March 24, 1988. At that time the parties agreed to drop the tortious...
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