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The plaintiff, Francis J. Cuddy, Jr., seeks a fair division of the partnership known as Manchester Firing Line Range, LLC ("MFLR"), in which both he and the defendant, James L. McLoud, were partners, and also the return of certain property that he claims the defendant misappropriated. The Court held a bench trial on the matter on April 24, 2007. On June 29, 2007, the Court issued an order making certain findings of fact, and further requesting both parties clarify their legal arguments. The Court held a hearing on the parties' subsequent motions on August 16, 2007. The Court incorporates the June 29, 2007 Order into this current order, and now finds and rules as follows.

The defendant, Cheshire Medical Center ("Cheshire") moves for summary judgment as to Counts I and III of the plaintiff, Anthony Eno's ("Eno"), medical malpractice claim. Eno objects to Cheshire's motion. For the reasons that follow, Cheshire's motion for summary judgment is DENIED.