J. WARREN BETTIS, Judge.
On October 10, 1995, defendant filed a motion to dismiss. On October 26, 1995, the court converted the motion to a motion for summary judgment. On November 7, 1995, plaintiff filed a motion for summary judgment. On January 4, 1996, the court held a non-oral hearing on plaintiff's and defendant's motions for summary judgment, considering the evidence allowable pursuant to Civ.R. 56.
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