ORDER
GONZALEZ, District Judge.
THIS CAUSE has come before the Court upon Defendant's Motion to Modify or Vacate Judgment. On September 13, 1995, Magistrate Judge Linnea R. Johnson issued a Report and Recommendation on the Motion. Magistrate Judge Johnson treated the Motion as a Fed.R.Civ.P 59(e) motion, and this Court will do likewise. The Report recommended granting the motion in part and denying it in part. Both Plaintiff and Defendant have filed objections...
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