ORDER ON MOTION FOR SUMMARY JUDGMENT
KOVACHEVICH, District Judge.
This civil action is before the Court on Defendant's motion for declaratory judgment, Plaintiff's second motion for summary judgment, memoranda thereon, and the parties joint stipulation filed on December 28, 1993.
This circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue as...
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