MEMORANDUM AND ORDER
FILIPPINE, District Judge.
This matter is before the Court on defendant E.D. Hartshorn's motion to dismiss moot complaint which was converted to a motion for summary judgment pursuant to Rule 12(b) of the Federal Rules of Civil Procedure by this Court's order of January 17, 1983. Defendant has filed an affidavit and other materials in support of his motion and plaintiff has filed an affidavit and materials in opposition thereto.
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