ORDER AND JUDGMENT
LEW, District Judge.
Plaintiff and defendant in the above captioned action have each filed a motion for summary judgment. Each contends that there is no significant factual dispute and claims entitlement to judgment as a matter of law. The motions were originally set for oral argument on February 13, 1989 but were removed from the Court's law and motion calendar for disposition based on the papers filed pursuant to Fed.R. Civ.P. 78.
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