MEMORANDUM OPINION
NOEL, District Judge.
Upon receipt of Defendant's Motion to Dismiss under Federal Rule of Civil Procedure 12(b), this Court requested and received sworn affidavits from both Plaintiff and Defendant. Defendant's Motion will be treated as one for summary judgment under Rule 56. To grant summary judgment for the Defendant, the Court must find that there is no genuine issue as to any material fact and that the Defendant is entitled to a judgment...
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