VAN DUSEN, District Judge.
Although this Motion to dismiss the action alleges lack of jurisdiction as its basis, the record shows jurisdiction over the named defendant so that the Motion will be treated as one alleging failure to state a claim upon which relief can be granted. Cf. F.R.Civ.P. 12(b) (6), 28 U.S.C.A. In view of the affidavits and depositions filed by both parties to supplement the pending Motion, it will be considered as a Motion for Summary Judgment...
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