ORDER ON MOTIONS
PRATT, Chief Judge.
Before the Court is Defendant's First Motion for Summary Judgment (Clerk's No. 42), filed November 29, 2006. Plaintiff filed a resistance to the motion (Clerk's No. 54) and Defendant replied (Clerk's No. 56). The matter is fully submitted.
I. FACTUAL BACKGROUND
Joseph Canterbury ("Canterbury") filed the present action on September 12, 2005, in the Iowa...
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