RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT'S ALTERNATIVE MOTION TO DISMISS
CLARIE, Chief Judge.
This case has been submitted on cross-motions for summary judgment under Fed.R.Civ.P. 56 and the defendant's alternative motion to dismiss pursuant to Fed.R.Civ.P. 12. The facts have been stipulated, and the Government has filed the Coast Guard's administrative record at the Court's request.
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