ORDER
SUSAN C. BUCKLEW, District Judge.
This cause comes before the Court on the parties' cross-motions for summary judgment and responses thereto. (Doc. Nos. 55, 56, 63 and 65.)
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and' admissions on file, together with the affidavits, if any, show that the moving party is entitled to judgment as a matter...
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