ORDER
MULLEN, District Judge.
THIS MATTER comes to the court on defendant's Motion for Summary Judgment, filed July 30, 1992.
I.
Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any show that there is no genuine issue as to any material fact and that the moving party is
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