DECISION and ORDER
FOSCHIO, United States Magistrate Judge.
JURISDICTION
The parties to this action filed a consent to proceed before the undersigned on April 14, 1995. The matter is presently before the court on Defendant's motion for summary judgment, dated June 23, 1995, and Plaintiff's cross-motion for summary judgment, dated July 12, 1995.
BACKGROUND
Plaintiff, R.E. Turner, Inc., filed this action in New York...
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