Civ. No. 98-0594 (TFH). August 20, 2004 Louis K. Fisher, Michael Carvin, Jones, Day, Reavis Pogue, Washington, DC, for Plaintiff. Edwin John U., Eugene Frank Assaf, Jr., Frank Cicero, Jr., Kirland Ellis, Chicago, IL, for Defendant. MEMORANDUM OPINION THOMAS HOGAN, Chief Judge, District Pending before the Court are Plaintiff and Defendant's cross motions for summary judgment. Because both motions relate to the same set of facts and issues, the Court will rule on both motions simultaneously. Upon careful