RULING ON DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT
POLOZOLA, District Judge.
The defendant has filed a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, or alternatively for partial summary judgment on the limited issue of subject matter jurisdiction, pursuant to Rule 56 of the Federal Rules of Civil Procedure. For reasons which follow, the motion...
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