MEMORANDUM AND ORDER
MURPHY, District Judge.
This matter came before the Court for bench trial on August 18, 2008. A short time later the Plaintiff, David Grizzell, died. His son was appointed as the administrator of Mr. Grizzell's estate and was substituted as Plaintiff in this case. Pursuant to Federal Rule of Civil Procedure 52, the Court issues the following findings and conclusions.
FACTUAL BACKGROUND
On September 18, 2004,...
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