BAUER, Circuit Judge.
On May 29, 1993, Marshall Spiegel ("Spiegel") and his family were disturbed by the clamor of hammering emanating from the apartment above them. This was not the first time that the Spiegels had endured such racket. Spiegel's wife, Carol, walked upstairs to complain. She soon became embroiled in an argument with the upstairs tenants, Loren Cherny and his common-law wife, Mim Bobbin.
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