MEMORANDUM AND ORDER
EARL E. O'CONNOR, District Judge.
This matter is before the court on defendant's motion for summary judgment (Doc. # 78). For the reasons set forth below, defendant's motion will be denied.
A moving party is entitled to summary judgment only when the evidence indicates that no genuine issue of material fact exists. "Summary judgment is appropriate `if the pleadings, depositions, answers to interrogatories, and admissions on file...
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