OPINION GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT
IRENAS, District Judge.
This matter comes before the Court on defendant's motion for partial summary judgment under Fed.R.Civ.P. 56(c) seeking to dismiss Count Three of the Complaint on the ground that plaintiff cannot prevail as a matter of law on its claim under 42 U.S.C. § 1983. For the reasons hereinafter set forth, this motion will be granted.
BACKGROUND
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