MEMORANDUM OPINION
SPENCER, District Judge.
THIS MATTER comes before the Court on Petitioner Vulcan Materials Company's ("Vulcan" or "Petitioner") Motion for Summary Judgment filed on March 4, 2005, and Claimant Terry Buisset's ("Buisset" or "Claimant") Motion for Summary Judgment filed on March 14, 2005. For the reasons outlined below, Petitioner's Motion and Claimant's Motion are DENIED.
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