MEMORANDUM OPINION
JORDAN, District Judge.
This civil action is before the court on the parties' motions for summary judgment [docs. 6 and 12]. The parties have responded to the respective motions, and oral argument on the motions has been heard by the court. For the reasons discussed below, the plaintiff's motion for summary judgment will be granted in part and denied in part, and the defendant's motion for summary judgment will be denied.
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