MEMORANDUM OPINION AND ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT
SCHELL, District Judge.
CAME ON TO BE CONSIDERED Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment. The court, after reviewing the motions, responses in opposition, pleadings
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