LEACH, Judge.
On February 15, 1991, defendants, Tele-Communications, Inc. ("TCI") and its president, John W. McGill, filed a motion for summary judgment in this cause.
Civ.R. 56(C) sets forth that:
"* * * Summary judgment shall be rendered forthwith if the pleading, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact, if any, timely filed in the action...
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