MEMORANDUM AND ORDER
EARL E. O'CONNOR, Chief Judge.
This matter is before the court on defendant's motion to dismiss. Because both parties have presented matters outside the pleadings for the court's consideration, the court will treat the motion as one for summary judgment pursuant to Rule 12(b) of the Federal Rules of Civil Procedure.
Plaintiff Jo Ann Foutty (Foutty) brings this action pursuant to the Age Discrimination in Employment Act of 1967...
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