OPINION AND ORDER
WILLIAM C. CONNER, District Judge.
This action is before the Court on the parties' joint request for judgment on submitted facts. See Fed.R.Civ.P. 83 (district courts may make local rules); General Rule 8 of the Rules of the Southern and Eastern Districts of New York (where no federal procedure exists, court may apply New York procedure); N.Y.Civ.Prac.L. & R. § 3222 (McKinney 1970) [hereinafter CPLR] (action on submitted...
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