OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR RELIEF FROM JUDGMENT
COHN, District Judge.
Before the Court is defendant's motion, filed August 4, 1980, under Fed.R.Civ.P. 60(b) for relief from a summary judgment for plaintiff entered on May 19, 1980. The judgment was based upon a Magistrate's Report and Recommendation to which no objections were filed. Defendant now argues that the judgment is legally erroneous since there was a failure to properly apply...
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