MEMORANDUM
NICKERSON, District Judge.
Pending before the Court is Defendant's Motion to Dismiss or Alternative Motion for Summary Judgment (Paper No. 7) filed August 21, 1991. The motion is opposed. (Paper No. 11). Upon a review of the pleadings, the Court determines that no hearing is necessary (Local Rule 105.6) and that Defendant's motion should be granted.
BACKGROUND
Defendant Mountainside Transport, Inc. ("MTI") is a New Jersey corporation...
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