ORDER
McDONALD, District Judge.
Pending before the Court is Plaintiff's Motion for Summary Judgment. Having considered the arguments of the parties and the applicable law, the Court is of the opinion that the Motion should be GRANTED.
Under Fed.R.Civ.P. 56, summary judgment may be granted only where the entire record shows that no genuine issue of material fact exists. Erco Industries, Ltd. v. Seaboard Coast Line Railroad Co.,
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