MEMORANDUM AND ORDER
HUYETT, District Judge.
Defendant has moved to dismiss plaintiff's complaint for two reasons: (1) lack of jurisdiction over the subject matter, and (2) failure to state a claim upon which relief can be granted. Under Rule 12(b) of the Federal Rules of Civil Procedure, defendant's motion shall be treated as one for summary judgment and disposed of as provided in Rule 56.
I.
The facts are not in dispute. Plaintiff is...
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