MEMORANDUM AND ORDER
LINDSAY, District Judge.
This case is before the court on the defendant's motion to dismiss, or, in the alternative, for summary judgment, and on the plaintiff's motion for summary judgment. Because the court considered affidavits and other materials outside the pleadings, this motion will be treated as a motion for summary judgment under Fed.R.Civ.P. 56(c). At oral argument, the court denied both parties' motions for summary...
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