MEMORANDUM
NANGLE, Chief Judge.
This case is now before this Court on defendant's cumulative and alternative motions to dismiss, for summary judgment, and to require plaintiffs to plead in separate counts. Under Rule 12(b) of the Federal Rules of Civil Procedure, when matters outside the pleadings are considered, the motion to dismiss must be treated as a motion for summary judgment under Rule 56. Court v. Hall County, Nebraska,
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