OPINION
ROBERT M. HILL, District Judge.
Came on for consideration before the Court the motion to dismiss for lack of subject matter jurisdiction and the motion to dismiss for failure to state a claim upon which relief can be granted of defendant Dean A. Manson ("Manson") and the motion for leave to amend of plaintiff James W. Frazier ("Frazier"). The Court, having advised the parties of its intention to treat Manson's motions as a motion for summary judgment...
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