Aetna Casualty & Surety Co. v. A.L.J.A., Inc.

MEMORANDUM REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

(Docket Nos. 34, 38)

PONSOR, District Judge.

I. INTRODUCTION

Before the court are defendants’ 1 objections to U.S. Magistrate Judge Charles B. Swartwood Ill’s Report and Recommendation of June 15,1995, which recommends that this court allow plaintiffs Motion for Summary Judgment. For the reasons set forth below, this court will not adopt the magistrate judge’s recommendation, and will allow defendants’ Motion for Summary Judgment and deny plaintiffs Motion for Summary Judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are…