AMENDED ORDER ON MOTION TO DISMISS OR MOTION FOR SUMMARY JUDGMENT
KOVACHEVICH, District Judge.
This cause is before the Court on the Defendants', Mark I. Shames and Keith A. Ringelspaugh, motions to dismiss for failure to state a claim pursuant to Fed.R.Civ.P. 12(b) or, in the alternative, motions for summary judgment pursuant to Fed.R.Civ.P. 56(b) (Docket Nos. 29 and 30). Defendant Mark I. Shames filed his motion (Docket No. 30) on July 13, 1995...
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