ORDER
ROSENBAUM, District Judge.
This matter is before the Court on defendant's motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Fed.R.Civ.P."). The Court heard oral argument on November 10, 1993.
I. Background
A. The Crime
On June 8, 1992, at approximately 1:00 a.m., plaintiff, Leonard Read Sulik, stopped to purchase gasoline at a gas station/convenience store ("Total Mart...
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