ORDER
JAMES E. GRITZNER, District Judge.
This matter comes before the Court on a Motion for Summary Judgment brought by Defendant Custom-Pak, Inc. (Custom-Pak). The Court held a hearing on the Motion on May 7, 2009. Earl Payson and Daniel Bernstein represented Plaintiff Shane J. Beatty (Beatty), and Dorothy O'Brien represented Custom-Pak. The matter is fully submitted and ready for disposition.
I. SUMMARY OF MATERIAL FACTS
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