ORDER
LLOYD D. GEORGE, District Judge.
Defendants Aargon Agency, Inc., and Duane Christy have filed a motion to dismiss plaintiff's amended complaint, or in the alternative, motion for summary judgment (#53). Because the motion raises matters of plaintiff's proof, the court will consider the motion as one for summary judgment. A grant of summary judgment is appropriate only where the moving party has demonstrated through "the pleadings, the discovery and...
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