MEMORANDUM OPINION & ORDER
RAMIREZ, United States Magistrate Judge.
Pursuant to the consent of the parties and the District Court's Order of Reassignment, dated and filed July 31, 2003, this matter was transferred to the undersigned United States Magistrate Judge for the conduct of all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c). Before the Court are United States' Motion for Summary Judgment,
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