OPINION
PER CURIAM.
This case came before the Supreme Court for oral argument on September 26, 2000, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be summarily decided. One of the defendants, The Downing Corporation (Downing), appealed a Superior Court summary judgment in favor of the co-defendant, Harvard Pilgrim Health Care of New England (Harvard Pilgrim), on Harvard Pilgrim's cross-claim against...
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