MEMORANDUM ORDER
JOHN H. PRATT, District Judge.
The court has before it defendant's motion to dismiss. At the January 15, 1987 status call the court informed the parties that this motion was properly a motion for summary judgment and would be treated as such by the court. We required defendant to file a statement of material facts not in dispute and granted plaintiff leave to file responsive pleadings out of time. Because we agree with defendant that plaintiff...
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