MEMORANDUM AND ORDER
VAN BEBBER, District Judge.
This case is now before the court on defendant's motion to dismiss or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56 (Doc. 24). Plaintiff has responded (Doc. 29) and opposes the motion. Because matters outside the pleadings are presented to the court in defendant's motion, it shall be treated as one for summary judgment. Fed.R.Civ.P. 12(b). For the reasons stated below defendant's motion...
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