ORDER
KENT, District Judge.
Before the Court are the parties' cross-motions for summary judgment. For the reasons stated below, the Court is of the opinion that Plaintiff's motion should be GRANTED and Defendant's motion should be DENIED.
I.
Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56. A fact is material if its resolution in...
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