MEMORANDUM AND ORDER
VON DER HEYDT, Chief Judge.
THIS CAUSE comes before the court on defendant's request for dismissal. Although not so captioned it is assumed that this is in fact a motion for summary judgment and the court will proceed on that basis. See Fed.R.Civ.Pro. 12(b).
Following a remand of this case from the court of appeals
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.