TUTTLE, Chief Judge.
This is an appeal from an order of the District Court granting a motion for summary judgment filed by the defendants and dismissing the complaint with prejudice. The questions are two-fold. (1) May a District Court sustain a motion for summary judgment after another Judge of the same court has denied a motion for summary judgment filed on behalf of the same parties, and (2) is the order of dismissal sustainable either on the ground that our earlier...
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