MEMORANDUM OPINION AND ORDER
LINDSAY, District Judge.
Before the court is Plaintiff's Motion for Summary Judgment, filed February 9, 2004. The court held a hearing on Plaintiff's Motion for Summary Judgment on August 19, 2004. After careful consideration of the motion, response, reply, summary judgment evidence, supplemental briefs, arguments of counsel, Defendant's letter brief dated August 20, 2004, record and applicable law, the court
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