ORDER
CARNES, District Judge.
This case is presently before the Court on Defendant Shelling's Motion for Summary Judgment [26] and Plaintiff's Motion for Summary Judgment [27]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that Defendant Shelling's Motion for Summary Judgment is denied and Plaintiff's Motion for Summary Judgment is granted.
BACKGROUND
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