MEMORANDUM OPINION
LYNNE, Senior District Judge.
The submission herein was on cross-motions for summary judgment, filed by plaintiff on November 4, 1977, and July 13, 1978, and by defendant on November 26, 1976, and July 17, 1978. On June 21, 1977, this Court entered an order certifying this cause as a class action under Rule 23(a) and (b)(3), FRCP. The class is defined as
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