ORDER1 DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING CLAIMANT'S MOTION FOR SUMMARY JUDGMENT
FOGEL, District Judge.
The parties' cross-motions for summary judgment were heard on September 28, 1998. The Court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the Government's motion is denied and claimant's motion is granted.
I. BACKGROUND
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