ORDER GRANTING PARTIAL SUMMARY JUDGMENT
ROBERT J. McNICHOLS, District Judge:
BEFORE THE COURT is the defendant's motion for summary judgment set for hearing without oral argument.
I.
LAW OF SUMMARY JUDGMENT
FRCP 56(c) provides that judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits show that there...
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