ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CLELAND, District Judge.
This matter is before the court on the parties' cross motions for summary judgment. The case was referred to United States Magistrate Judge Steven D. Pepe pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on March 31, 2005 recommending that this court deny defendant's motion for summary judgment, grant plaintiff...
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