OPINION AND ORDER
CARL B. RUBIN, District Judge.
This matter is before the Court on the motion of plaintiff for the entry of summary judgment under the provisions of Rule 56 of the Federal Rules of Civil Procedure. The Court also has before it the memoranda and exhibits of the parties.
Rule 56, Fed.R.Civ.P. authorizes "a party seeking to recover upon a claim * * * [to] move with or without supporting affidavits for a summary
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