MEMORANDUM
NICKERSON, Senior District Judge.
Before the Court is the Government's Motion to Dismiss Count I, or in the Alternative, for Summary Judgment (Paper No. 14). The motion is fully briefed and ripe for decision. Upon review of the pleadings and applicable case law, the Court determines that no hearing is necessary (Local Rule 105.6) and that the Government's motion will be denied.
I. BACKGROUND
On August 21, 2000,...
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