J. WARREN BETTIS, Judge.
{¶ 1} On January 31, 2003, defendant filed a motion for summary judgment pursuant to Civ.R. 56(B). On February 25, 2003, plaintiff filed a memorandum contra. The case is now before the court for a non-oral hearing on defendant's motion for summary judgment. Civ.R. 56(C) and L.C.C.R. 4.
{¶ 2} Civ.R. 56(C) states:
{¶ 3} "* * * Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to...
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