fully briefed the law applicable to and supportive of their respective motions.
I disagree with the majority’s decision not to resolve the pending motions for summary
judgment.
Notably, neither did the majority.
Since no question of material fact
exists, the questions which remain are legal and must be resolved by applying the law to the facts in thiscase. I believe that we are obligatedas a judicial body to address their motions and afford them the relief they seek through summaryjudgment.
Allowed
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