MEMORANDUM OPINION AND ORDER
WILHOIT, District Judge.
This action is before the Court upon the plaintiff's motion for partial summary judgment and upon the defendant's motion for summary judgment. This Court referred the matter to the United States Magistrate Joseph M. Hood for initial consideration and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate has filed his report and recommendation, and both parties have filed objections...
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