Court of Appeals for the Second Circuit October 8, 2004, No. 03-286 (Erber v. Hess)

*96SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED that the judgment of the district court be VACATED and REMANDED so that the court may modify its judgment in accordance with this Summary Order.

Familiarity by the parties is assumed as to the facts, the procedural context, and the specification of appellate issues. Plaintiff-Appellant Michael Erber brought this action pursuant to 42 U.