MEMORANDUM OPINION
EISELE, Chief Judge.
The Court, at the commencement of the trial on September 17, 1990, noted that it had very serious reservations about going forward with the hearing on plaintiff's retaliation claims because those claims appeared to be barred as a matter of law. Nevertheless, it chose to proceed with the hearing because of its uncertainty as to the meaning and effect of the remand opinion of the Eighth Circuit Court of Appeals.
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