MEMORANDUM OPINION AND ORDER
CUMMINGS, District Judge.
On this day the Court considered Defendant Texas Commission on the Arts' ("the Commission") Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, filed November 17, 1997. On December 5, 1997, Plaintiff Abel Rodriguez ("Rodriguez") filed a response to the Commission's motion. After considering all relevant arguments and evidence, the Court
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