OPINION AND ORDER
KINNEARY, District Judge.
This matter is before the Court on the motion of the defendant for summary judgment under the provisions of Rule 56 of the Federal Rules of Civil Procedure.
Rule 56(b) states, in part, that "a party against whom a claim * * * is asserted * * * may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof." Where the pleadings and affidavits...
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