ORDER
MILLS, District Judge.
This cause comes before the court on the motion [20-1] of defendant James A. Matthews, Sr., for summary judgment, pursuant to Fed.R.Civ.P. 56. Plaintiff Foamex, L.P. has responded in opposition to the motion, and the court, having considered the memoranda and submissions of the parties, concludes that the motion is well taken and due to be granted.
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