MEMORANDUM OF DECISION AND ORDER
LEVI, District Judge.
An evidentiary hearing was held in this case on April 28, 1994. At the close of the hearing, both parties agreed that the hearing shall constitute the trial on the merits of this action. See Fed.R.Civ.P. 65(a)(2). This memorandum of decision constitutes the court's findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a).
I
On August 11, 1993, Naval Facilities...
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