ORDER
CLARKE, District Judge.
This matter is currently before the Court on plaintiff's Motion for Summary Judgment on Count I and on defendants' Motion to Compel Discovery Requests. For the reasons set forth below the Court grants the plaintiff's Motion for Summary Judgment. The Court notes that in the June 15, 1995 hearing both parties advised the Court that Count II would not be pursued regardless of the outcome for Summary Judgment on Count I....
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