ORDER
MacKENZIE, District Judge.
The above matter came before this Court on a de novo review of the Magistrate Judge's Report and Recommendation dated April 19, 1991. Following careful consideration, we hereby AFFIRM and ADOPT the recommendation of the Magistrate Judge that the defendant's motion for partial summary judgment should be granted, and that the plaintiff's motion for partial summary judgment should be denied.
It is so ORDERED....
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