ORDER
MOYE, District Judge.
The above-styled action is before the court on 1) plaintiff's motion for summary judgment [# 10]; 2) defendants' cross-motion for summary judgment [# 16]; 3) plaintiff's motion for leave to file sur-reply in support of its motion for summary judgment [# 24]; and 4) plaintiff's objections to Booker Affidavit [# 21-2].
FACTS
On or about October 12, 1990, Edwin Wilson Biddix, individually and as Guardian...
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