MEMORANDUM
HINES, United States Magistrate Judge.
Pending are the parties' competing motions for summary judgment. On December 1, 1993, pursuant to consent of each party, this case was referred to the undersigned United States magistrate judge for further proceedings and entry of judgment.
I. Background
This cause of action arises from a previous lawsuit by Sherman Mouton, Sr., No. 1:91-CV-746, in the Eastern District of Texas...
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