ORDER AND MEMORANDUM
RENNER, Senior District Judge.
The above entitled matter came before the Court on May 8, 1992 on a hearing on defendant's motion for summary judgment.
Based upon the arguments of counsel, all facts, files, and records herein, the Court HEREBY ORDERS that:
1) defendant's motion for summary judgment is DENIED; and
2) defendant's request for certification of the issue raised for interlocutory appeal is DENIED.
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