PORTEOUS, District Judge.
This motion came for hearing on an earlier date on the motion of defendant, E-Z Serve Convenience Stores, Inc., for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Oral argument was waived and the matter was taken under submission on the briefs.
The Court having considered the memoranda submitted by the parties is now fully advised in the premises and ready to rule.
REASONS
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