DECISION and ORDER
MYRON L. GORDON, Senior District Judge.
Presently before the court is a motion to dismiss defendants David Koerner, Dr. Michael Kaye, Nikolaus J. Faessler, Linda S. Faessler, Randolph Zimmerman and Judy Pollard under Rule 12(b)(6), Federal Rules of Civil Procedure. The parties have agreed that the motion to dismiss is more properly one for summary judgment under Rule 56(c), Federal Rules of Civil Procedure, because it includes matters...
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