ORDER
MALCOLM J. HOWARD, District Judge.
This matter is before the court on the defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(b). In a Memorandum and Recommendation ("M & R") filed on July 20, 1993, United States Magistrate Judge Charles K. McCotter, Jr., recommended that the court grant the motion on all three of the plaintiff's remaining claims. The parties have filed objections,
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