ORDER
DUFFY, District Judge.
This matter is before the court on defendant's motion to dismiss pursuant to Fed. R.Civ.P. 12(b) or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56. Oral arguments were heard on January 17, 1997, and the court took the motion under advisement. Upon further consideration, the court hereby grants defendant's motion for summary judgment.
I. BACKGROUND
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