OPINION
SENTER, Chief Judge.
In this case, plaintiff seeks a writ of mandamus to compel defendant to reconvey certain condemned property to him. Presently before the court is defendant's motion to dismiss or, alternatively, for summary judgment. Because matters outside the pleadings were considered by the court, the motion will be treated as one arising under Fed.R.Civ.P. 56. See Fed.R.Civ.P. 12(b).
BACKGROUND
In 1946, the...
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