MEMORANDUM OPINION AND ORDER DENYING EXCEL'S MOTION FOR SUMMARY JUDGMENT
SCHELL, District Judge.
This matter is before the court on "Excel's Motion For Summary Judgment," filed on November 15, 2001 (Dkt.# 21, 22, 23). Plaintiff filed a Response on January 21, 2002 (Dkt.# 33), and Defendant filed a Reply on February 5, 2002 (Dkt.# 39). Upon consideration of the parties' written submissions, exhibits, affidavits, and the applicable law, the court is...
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