OPINION AND ORDER
FORESTER, District Judge.
I. INTRODUCTION
This matter is before the court upon the motion of plaintiff for summary judgment filed July 30, 1997 [docket entry # 22]. The defendant filed a response in opposition to said motion on August 29, 1997 [docket entry # 26], to which plaintiff has replied on September 11, 1997 [docket entry # 27]. Accordingly, this matter is ripe for review.
II. FACTS AND PROCEDURAL HISTORY...
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