ORDER
ELMO B. HUNTER, Senior District Judge.
The jurisdiction of this case is based upon diversity of citizenship, hence, we must follow the substantive law of Missouri. Before this Court is Defendant's Motion for Summary Judgment or Motion to Dismiss. Fed.R.Civ.P. 56(c) states that "judgment sought shall be rendered forthwith if pleadings, depositions ... show that there is no genuine issue as to any material fact and that the moving party is entitled to...
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