ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
WARE, District Judge.
The Court has before it the cross-motions of the parties for summary judgment. Based upon all pleadings filed to date, as well as on the oral argument of counsel, the Court DENIES Plaintiff's motion and GRANTS Defendant's motion.
BACKGROUND
Plaintiffs Eyvind and Joan Earle ("the Earles") filed this action in state...
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