ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
JAMES LAWRENCE KING, District Judge.
THIS CAUSE comes to this Court upon Plaintiff's Motion for Summary Judgment, filed on November 3, 1994. By order of this Court, Defendant filed a response on December 23, 1995. In its motion, Defendant also moved for summary judgment. On February 8, 1995, the Court held a hearing and heard oral argument on the cross-motions for summary judgment.
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