FRED J. SHOEMAKER, Judge.
{¶ 1} By agreement of the court and counsel, this case was submitted on simultaneous cross-motions for summary judgment. On June 28, 2002, the parties filed their motions pursuant to Civ.R. 56. On July 12, 2002, plaintiff filed a memorandum contra defendant's motion and on July 15, 2002, defendant filed a memorandum contra plaintiffs motion. The matter is now before the court for determination.
{¶ 2} Civ.R. 56(C) states...
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