MEMORANDUM OPINION
MICHAEL, District Judge.
On October 25, 1983, the defendant in the above-referenced action filed a motion to dismiss. On January 31, 1984, the defendant requested in a legal memorandum that its motion be treated as one for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. The legal issues have been briefed, supporting affidavits and other documentation have been filed, and on March 6, 1984, the court heard oral argument...
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