MEMORANDUM OPINION
HOBBS, Chief Judge.
Defendants submitted a motion for summary judgment on August 30, 1988. Plaintiff filed a cross-motion for summary judgment on September 7, 1988. Defendants submitted a cross-brief on issues presented for trial on September 9, 1988, and then a response brief to plaintiff's motion for summary judgment on September 14, 1988.
I. FACTS
On February 18, 1981, defendants executed and delivered to the Small...
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