ORDER ON MOTION FOR SUMMARY JUDGMENT
KOVACHEVICH, District Judge.
The cause is before the Court on Defendant's motion for partial summary judgment, filed November 27, 1989; response thereto, filed December 8, 1989; Defendant's motion for oral argument, filed December 21, 1989; and court-ordered joint memorandum of law, filed January 25, 1990.
This circuit clearly holds that summary judgment should only be entered when the moving party has sustained...
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