ORDER
LOVELL, District Judge.
This matter came on for hearing on December 18, 1998, on Defendants' motion to dismiss or in the alternative for summary judgment. The court has jurisdiction over the matter pursuant to 28 U.S.C. §§ 1331, 1337, 1343, and 1346. All parties are in agreement that the motion to dismiss should be treated as a motion for summary judgment. Upon consideration of the arguments, the briefs, and the affidavits submitted...
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