OPINION AND ORDER
CLARY, Chief Judge.
This case was previously tried before Judge Thomas A. Masterson sitting without a jury. After the close of testimony by both parties, however, Judge Masterson, before rendering a verdict, granted a rehearing. Subsequently, all counsel and the defendant agreed that this case should be decided by the undersigned on the record. With this history now recorded, we move to the consideration of the merits of the case as demonstrated...
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