OPINION AND ORDER
BARBOUR, District Judge.
This cause is before the Court on the Motion for Summary Judgment of Defendant McDonald Transit Associates, Inc., filed on May 12, 2005, under docket entry no. 44. Having considered the Motion, Response, Rebuttal and all attachments to each, as well as supporting and opposing authority, the Court finds that the Motion is not well taken and should be denied.
I. Factual Background and Procedural History...
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