MEMORANDUM OPINION AND ORDER OF SUMMARY JUDGMENT
MARCUS, District Judge.
THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss Plaintiff's Complaint, or in the alternative, a Motion for Summary Judgment, and Plaintiff's Cross-motion for Summary Judgment. For the reasons set forth below, Plaintiff's Motion for Summary Judgment is DENIED and Defendant's Motion for Summary Judgment is GRANTED.
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