OPINION AND ORDER
GEORGE C. SMITH, District Judge.
This matter is before the Court pursuant to the motion filed by the defendants on July 19, 1990 for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs, Mark J. Eyer and Kitty I. Guinsler, initiated this action under 42 U.S.C. § 1983 on December 29, 1989. For the foregoing reasons, the defendant's motion is hereby GRANTED in part and DENIED in part.
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