MEMORANDUM OPINION AND ORDER
LEVIN, United States Magistrate Judge.
Before the court are the parties cross-motions for summary judgment in the cause.
BACKGROUND FACTS
Defendants Manor Care, Inc. and Health Care and Retirement Corporation ("HCR") Manor Care, Inc. (collectively "Manor Care") operate skilled nursing facilities. See generally, Defs.' 56.1(a)(3) St. In 1998, in preparing for a merger with HCR, Manor Care...
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