ORDER
LAZZARA, District Judge.
This cause comes before the Court on the parties' cross motions for summary judgment (dkts. 58 & 62), supporting memoranda and exhibits (dkts. 59 & 63), and opposition memoranda (dkts. 73 & 76).
Summary judgment is appropriate where there is no genuine issue of material fact. Fed.R.Civ.P. 56(c). Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party...
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