ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
DAVIES, District Judge.
On December 9, 1996, defendant's Motion to Dismiss pursuant to Federal Rule 12(b)(6) came on for hearing. During oral argument, counsel for both parties acknowledged that all of the facts were before the court and requested that the Motion to Dismiss be treated as a Motion for Summary Judgment. Considering the Motion as such, the Court hereby GRANTS the Motion for Summary Judgment...
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