MEMORANDUM AND ORDER
WOLF, District Judge.
The court has received the attached Magistrate Judge's Report and Recommendation on the cross-motions for summary judgment filed by defendant Allied Waste Industries, Inc. and third-party defendant David Vining. The matters as to which objection has been made have been reviewed de novo. See 28 U.S.C. 636(b)(1)(B) & (c); Delgado v. Bowen,
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