ORDER
DEVINE, Chief Judge.
This action is presently before the Court upon defendant's Motion to Dismiss or in the Alternative for Summary Judgment. The basis of defendant's motion is that, first, there is no genuine issue of material fact with respect to whether an "employee, instrumentality or agency of the United States" under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), 28 U.S.C. § 2671, et seq., required the plaintiff to...
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