OPINION OF THE COURT
GARTH, Circuit Judge.
The parties to this appeal will undoubtedly be disheartened by our disposition, for we do not reach the merits of their dispute. Unfortunately, the procedural quagmire out of which this appeal arises precludes any substantive resolution of the claims asserted. These procedural defects require us to vacate the district court's order granting summary judgment to the defendants and remand to the district court.
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