Filing 62

MEMORANDUM ORDER re 41 MOTION for Summary Judgment and 39 Motion for Summary Judgment or in the alternative Motion to Dismiss; it is Ordered that Defendant's motion to dismiss or for summary judgment, docket no. 39 and docket no. 41, are denied. The Report and Recommendation is adopted as the Opinion of the Court; and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/26/2006. (krt)

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