ORDER
MERRYDAY, District Judge.
On August 21, 2003, United States Magistrate Judge Thomas B. McCoun issued a report and recommendation (Doc. 74) on the parties' cross-motions for summary judgment (Docs. 52, 53). The defendant objects to the report and recommendation (Doc. 76). Upon consideration, the objections to the report and recommendation are overruled, and the report and recommendation is
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