MEMORANDUM OF DECISION AND ORDER
HANCOCK, Senior District Judge.
The court has before it defendant's motion for summary judgment filed February 6, 1997. In accordance with the court's February 7, 1997 order, the motion was deemed submitted, without oral argument, to the court for decision as of March 7, 1997.
Defendant filed its brief in support of the motion for summary judgment on February 7, 1997, along with its evidentiary submission
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