OPINION AND ORDER
FUSTE, District Judge.
Before this court is a motion to dismiss under Fed.R.Civ.P. 12 for lack of subject matter jurisdiction. As the parties have filed exhibits and memoranda, the motion will be treated as one for summary judgment under Fed.R.Civ.P. 56. Summary judgment is rendered if the material facts are undisputed and if defendant is entitled to judgment as a matter of law. See generally C. Wright, A. Miller & M. Kane, ...
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