MEMORANDUM OPINION AND ORDER
MALONEY, District Judge.
On October 30, 1987, Defendant filed its Motion for Summary Judgment. On December 22, 1987, Plaintiffs filed their Amended Motion for Summary Judgment, and Defendant filed its Motion for Summary Judgment on its Counterclaim.
Background
On April 15, 1985, the Supreme Court issued its final decision in Garcia v. San Antonio Metropolitan Transit Authority,
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