OPINION
NOCE, United States Magistrate Judge.
This action is before the Court upon the cross-motions of the parties for summary judgment under Federal Rule of Civil Procedure 56. The parties have consented to the exercise of authority by a United States Magistrate Judge under 28 U.S.C. § 636(c). A hearing was held on the motions on February 6, 1997.
Plaintiffs Michael A. Mayberry and Patricia J. Mayberry
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