MEMORANDUM
HIGGINS, District Judge.
The Court has before it the plaintiff's second motion (filed March 20, 1992; Docket Entry No. 41) for partial summary judgment and the defendant's cross-motion (filed October 22, 1992; Docket Entry No. 55) for summary judgment. For the reasons set forth below, the plaintiff's second motion for partial summary judgment shall be denied. The defendant's cross-motion for summary judgment shall be granted.
I.
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