MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
I. Introduction
This case comes before the court on Defendant Brunsport, Inc.'s motion for summary judgment (Doc. # 51) and on plaintiff's motion for partial summary judgment (Doc. # 53) pursuant to Fed.R.Civ.Pro. 56. On August 12, 1996, the parties presented oral arguments on these motions at the Final Pretrial Conference.
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