MEMORANDUM OPINION AND ORDER
STARRETT, District Judge.
This cause is before the court on defendant's motion to dismiss. From its review of all matters made a part of the record of this case as well as applicable law, and being thus fully advised in the` premises, the court FINDS that the motion is not well taken and should be denied. The court specifically finds as follows:
FACTUAL BACKGROUND
On or about October 24, 2000,...
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