MEMORANDUM OPINION AND ORDER
HOOD, District Judge.
Currently pending before the Court are two motions. Defendant filed a motion for reconsideration of the Court's earlier order denying his motion to dismiss [Record No. 6]. Plaintiff subsequently moved for summary judgment [Record No. 12]. All responses and replies having been filed, these matters are now ripe for review.
FACTUAL BACKGROUND
In 1981 Robert Hensley bought a 37 foot sailboat...
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