MEMORANDUM OPINION AND ORDER
TOM S. LEE, District Judge.
This cause is before the court on the motion of defendant Fidelity & Guaranty Insurance Underwriters, Inc. (FGIU) for summary judgment and the cross motion of plaintiff Eugene Matthews for summary judgment. Each party has responded to the motion of the other. The court has considered the memoranda of authorities together with attachments submitted by the parties and for reasons that follow, concludes...
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