OPINION AND ORDER
BARBOUR, District Judge.
This cause is before the Court on the Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment. Having considered the Motion, Plaintiff's Response, Defendant's Reply, all attachments to each, and supporting and opposing memoranda, the Court finds that the Motion is well taken and should be granted.
I. Background and Procedural History
This case arises out of the...
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