ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
SCHELL, District Judge.
This matter is before the court on "Defendant's Motion to Dismiss for Failure to State a Claim Within the Time Permitted by Federal Law" (Dkt.# 6) filed on August 9, 1999. Plaintiff filed a timely response in opposition to the motion on August 30, 1999. By Order dated September 2, 1999, the court informed the parties of its intent to consider matters outside the pleadings...
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