MEMORANDUM OPINION
HIRAM H. WARD, District Judge.
This matter is before the Court on a motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. The defendant had filed a motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), Federal Rules of Civil Procedure, on August 2, 1977. However, at a hearing on the matter on April 28, 1978, this Court converted the motion to dismiss into a motion for summary judgment. The parties were...
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