MEMORANDUM OPINION AND ORDER
HITTNER, District Judge.
Pending before the Court are Defendant's Motion for Dismissal and/or Motion for Summary Judgment. Having considered the pleadings on file, the materials attached thereto, the oral arguments and representations made to the Court at a motion hearing on March 9, 1987, and the law applicable thereto, this Court is of the opinion that Defendant's Motion to Dismiss under 12(b)(6) should be treated as a Motion...
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