RAYFIEL, District Judge.
These are two motions by the Government; one, under Rule 12(b), of the Federal Rules of Civil Procedure, to dismiss the complaint as against it on two grounds, (1) for failure to state a claim upon which relief can be granted, and (2) that the Court lacks jurisdiction over the subject matter of the action; the other, for summary judgment, on behalf of all the defendants, pursuant to Rule 56 of the Federal Rules of Civil Procedure.
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