ORDER ON PENDING CROSS MOTIONS FOR SUMMARY JUDGMENT
RYSKAMP, District Judge.
THIS CAUSE is before the court upon the parties' cross-motions for summary judgment. Summary judgment will be granted if there is no genuine issue as to any material fact and the moving party is entitled to judgment at a matter of law. Fed.R.Civ.P. 56(c). For the reasons that follow, plaintiff's motion for summary judgment will be granted and defendant's motion must be denied...
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