This matter was referred to Magistrate Judge Carol E. Heckman, pursuant to 28 U.S.C. § 636(b)(1)(B), for report and recommendation on defendant's motion for summary judgment. Magistrate Judge Heckman filed a Report and Recommendation on October 7, 1992 denying defendant's motion. Defendant objects to the Report and Recommendation.
Pursuant to 28 U.S.C. § 636(b)(1)(B), the Court has made a de novo review of the Magistrate Judge's Report and Recommendation. The Court has reviewed the record, the submissions of the parties and heard oral argument from counsel.
Upon de novo review, the Court adopts the proposed findings and recommendations for the reasons stated in Magistrate Judge Heckman's Report and Recommendation, and denies defendant's summary judgment motion.
It is so ordered.
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
Dated: December 16, 1992
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