OPINION
JOHN E. MILLER, District Judge.
There is before the court a Motion filed by the defendant on March 9, 1977 for Summary Judgment on the ground "that there is no material issue of fact and that this defendant is entitled to Judgment as a matter of law".
The plaintiff filed no formal response but on his Brief in Opposition to the Motion denies that the defendant is entitled to a Judgment as a matter of law and contends that the record discloses...
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