OPINION AND ORDER
MARBLEY, District Judge.
I. INTRODUCTION
This matter is before the Court on the Defendant's Motion for Partial Summary Judgment, filed on October 2, 2001. The Court held a hearing on the motion on April 24, 2002. Jurisdiction is proper pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367.
For the following reasons, the Court
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