MEMORANDUM AND ORDER
CRONE, United States Magistrate Judge.
Pending before the Court is Defendant's Motion to Dismiss and/or For Summary Judgment. (Docket # 5). The Court, after considering the motion, Plaintiff's response, and Defendant's reply, as well as the supporting memoranda, affidavits, and exhibits, is of the opinion that the motion should be granted in part and denied in part.
I. Background.
In its complaint, Plaintiff...
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