PER CURIAM.
This is an appeal from dismissal of appellant's civil rights action. Appellant makes three assignments of error, all of which we find to be without merit.
1. Appellant asserts that the defendants waived their motion for summary judgment by filing and serving their answer subsequent to the filing of their motion for summary judgment. This we reject as contrary to the plain language of Rule 56(b) of the Federal Rules of Civil Procedure.
2...
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