WYATT, District Judge.
Defendant moves with supporting affidavits under Fed.R.Civ.P. 12 to dismiss the action (a) because the complaint fails to state a claim against defendant upon which relief can be granted and (b) because there is a lack of jurisdiction over the subject matter. In the alternative defendant moves with the same supporting affidavits under Fed.R.Civ.P. 56 for a summary judgment in its favor.
The motion for a summary judgment in favor of defendant...
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