MEMORANDUM OPINION AND ORDER
SAM A. LINDSAY, District Judge.
Before the court are Defendant's Motion for Summary Judgment or Alternatively, Partial Summary Judgment (Doc. 21), filed May 17, 2013; and Plaintiff's Motion for Partial Summary Judgment (Doc. 25), filed May 17, 2013. After careful consideration of the motions, responses, replies, record, and applicable law, the court
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