OPINION AND ORDER
REBECCA BEACH SMITH, District Judge.
This matter comes before the court on Defendant's Motion to Dismiss or in the Alternative, for Summary Judgment. Because the court will consider matters outside the pleadings, defendant's motion to dismiss under Rule 12(b)(6) is "treated as one for summary judgment and disposed of as provided in Rule 56." Fed.R.Civ.P. 12(c). Under Rule 56, summary judgment is improper unless there is no genuine issue...
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