ORDER GRANTING SUMMARY JUDGMENT
SHERMAN G. FINESILVER, Chief Judge.
This matter comes before the court on cross motions for summary judgment, filed September 28, 1990. Jurisdiction is based upon 28 U.S.C. § 1331 (Supp.1990). For the reasons below, plaintiff's motion for summary judgment is hereby GRANTED and defendants' motion for summary judgment is hereby DENIED.
I.
In 1987, Plaintiff D.R. Evans ("Evans") moved to 7912 Fairview Road...
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