MEMORANDUM OPINION
JORDAN, District Judge.
This civil action is before the court for consideration of the defendant's motion to dismiss or for summary judgment [doc. 4]. After an initial round of briefing in support of and in opposition to the motion, the parties litigated concerning whether the plaintiff should have discovery before consideration of the defendant's motion. In a memorandum and order filed on January 10, 1997 [doc. 25], the court treated...
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