ORDER
GASCH, District Judge.
This matter is before the Court on the defendant's motion to dismiss or in the alternative for summary judgment. The Court heard both counsel in open Court on September 21, 1970, and at that time afforded both counsel the opportunity to present oral argument on the motion. Both counsel, however, chose to submit the matter to the Court on the pleadings without oral argument.
In this case the plaintiff seeks "all unpublished...
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