MEMORANDUM OF LAW & ORDER
MICHAEL J. DAVIS, Chief District Judge.
I. INTRODUCTION
This matter is before the Court on Plaintiff's Motion for Summary Judgment [Docket No. 24] and Defendant's Motion for Summary Judgment [Docket No. 35]. The Court heard oral argument on May 11, 2012. The Court denies both motions because genuine issues of material fact remain.
II. BACKGROUND
A. Factual Background
Plaintiff BMT Enterprises...
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