MEMORANDUM OPINION
EDWARD WEINFELD, District Judge.
Defendant moves for an order, pursuant to Rule 59 of the Federal Rules of Civil Procedure, setting aside the findings of fact and conclusions of law filed on June 13, 1978 and the judgment entered thereon on July 14, 1978. Defendant alleges that the Court erred: (a) by ruling that the plaintiff was not estopped from recovering based upon a telephone message found in plaintiff's files; and (b) by holding...
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