MEMORANDUM OPINION AND ORDER
TOM S. LEE, District Judge.
This cause is before the court on the motion of defendant Frank J. Morgan, Jr., M.D., to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure or, in the alternative, for summary judgment pursuant to Rule 56. Plaintiff Aston B. Williams, M.D., has responded to the motion and the court has considered the memoranda of authorities together with attachments submitted by the parties.
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