OPINION AND ORDER
MILLER, United States Magistrate Judge.
This matter comes before the Court on the parties' cross-motions for summary judgment. Both parties have consented to have all proceedings in this case conducted before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73.
I. FACTUAL AND PROCEDURAL BACKGROUND
The plaintiff, National Enterprises, Inc. ("National Enterprises"), instituted...
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