MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This case is before me on plaintiff's motion to dismiss defendant's affirmative defenses and counterclaims. Defendant moved to dismiss pursuant to Rule 12(b)(6), and the parties have each filed affidavits, so I must treat this as a rule 56 motion for summary judgment. Fed.R.Civ.P. Rule 12. I can grant the motion only if there is no genuine issue of material fact. Fed.R. Civ.P. Rule 56(c); Webbe v. McGhie...
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