MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This matter is now before me on the following motions: 1) defendants' motion to dismiss the government's amended complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6); 2) the parties' cross-motions for summary judgment, Fed.R.Civ.P. 56; and 3) the government's motion to dismiss defendant Flora Dere's counterclaim for lack of jurisdiction, Fed.R.Civ.P. 12(b)(1).
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