DECISION and ORDER
MYRON L. GORDON, District Judge.
The defendant Wilford Bell has filed a motion for summary judgment dismissing the complaint on its merits. Alternatively, the defendant seeks dismissal of this case for lack of subject matter jurisdiction. If there were merit to the defendant's alternative motion to dismiss for lack of subject matter jurisdiction, I would be obliged to address that motion in the first instance. Rule 12(h), Federal Rules...
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