MEMORANDUM OPINION AND ORDER
WILHOIT, District Judge.
This matter is before the court upon the plaintiffs motion for partial summary judgment, (Record # 23), and cross motions by the defendant for summary judgment (Record # 25 and # 29). The parties have fully and extensively briefed this matter and have presented oral arguments to the Court. Consequently, the matter is now ripe for determination.
I. Background
On the morning...
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