MEMORANDUM AND ORDER
ALLEN SHARP, District Judge.
I. Procedural History
This cause is before this court on the motion of the Secretary of Agriculture Dan Glickman ("Glickman") to dismiss count III of the complaint for lack of subject matter jurisdiction, pursuant to FED. R.CIV.P. 12(b)(1), filed June 1, 1999. Plaintiff Gary Weesner ("Weesner") filed his opposition to the motion on June 16, 1999, and Glickman replied to that opposition on July 12...
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