DECISION ON DEFENDANT'S MOTION TO DISMISS
McMILLEN, District Judge.
This cause comes on to be heard once again, this time on defendant's motion filed February 28, 1973 to dismiss the Complaint. Inasmuch as the defendant has filed an answer to the Complaint and both parties have filed affidavits in connection with this motion, it will be treated as one for summary judgment. Cf. F.R.Civ.P. 12(b)(6) and (c). For reasons previously expressed in this case and...
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