RUSSELL LEACH, Judge.
On December 31, 1992, plaintiff filed a motion for summary judgment. Defendant filed a motion for summary judgment on December 31, 1992. On January 14, 1993, plaintiff filed a memorandum in opposition to defendant's motion for summary judgment. The court conducted a non-oral hearing on January 15, 1993. For the reasons herein, defendant's motion for summary judgment is OVERRULED, and plaintiff's motion for summary judgment is GRANTED.
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