ORDER AND MEMORANDUM OF OPINION
BRODY, District Judge.
This matter is before the Court on Defendants' Motion for Partial Summary Judgment on Count III. Count III of Plaintiff's Complaint, dated May 19, 1992, alleges a cause of action under 42 U.S.C. § 1981. Specifically, Plaintiff alleges Defendants participated in and failed to prevent harassment of Plaintiff and refused to rehire Plaintiff on account of his Franco-American heritage.
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