MEMORANDUM-ORDER
GASCH, District Judge.
This matter came before the Court on the motion of both defendants to dismiss this action or, in the alternative, for summary judgment. Since the motion filed relies on affidavits and other materials going beyond the pleadings in the case, the Court will treat it as a motion for summary judgment.
I. Undisputed Facts.
The facts giving rise to this case are completely undisputed. Plaintiff Shipp...
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