MEMORANDUM OPINION
BOGUE, District Judge.
The above matter has come before this Court pursuant to defendant's motion to dismiss the plaintiff's complaint for failure to state a claim upon which relief can be granted. A hearing was held on this question on August 19, 1974. During the hearing held on the motion both parties agreed that the motion to dismiss should be handled as a motion for summary judgment. Since it is necessary for the Court to consider...
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