MEMORANDUM DECISION AND ORDER
LEE, District Judge.
Introduction
This matter was tried before the Honorable Phil M. McNagny, Jr. without the intervention of a jury on December 22 and 23, 1980. Following the close of evidence, the parties were to submit Post Trial Briefs, proposed Findings of Fact and Conclusions of Law in anticipation of the later scheduling of final argument. However, Judge McNagny became incapacitated before such arguments...
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