ORDER
WHIPPLE, District Judge.
Before this court is defendant's Motion for Judgment on the Pleadings and/or for Summary Judgment, filed August 6, 1990. Plaintiff filed its response on September 10, 1990. Defendant filed his reply on September 19, 1990. For the reasons set forth below, defendant's motion will be granted as a Motion for Summary Judgment.
I. STATEMENT OF FACTS
On July 16, 1990, plaintiff One Toma, Inc. ("One Toma") filed a...
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