MEMORANDUM OPINION AND ORDER
TOM S. LEE, Chief Judge.
This cause is before the court on the motion of the defendant United States of America to dismiss for either lack of subject matter jurisdiction or for failure to state a claim upon which relief may be granted pursuant to Rule 12(b) of the Federal Rules of Civil Procedure; alternatively, defendant moves the court for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure...
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