ORDER
STECKLER, Chief Judge.
This matter is before the Court on defendants' motion to dismiss, or in the alternative for summary judgment. Fed.R. Civ.P. 12(b)(6), 56. The Federal Rules state that if a court considers matters outside the pleadings in ruling on a 12(b)(6) motion, then the motion should be considered as one for summary judgment pursuant to Rule 56. Fed.R.Civ.P. 12(b). Therefore, this motion will be considered as one for summary judgment.
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