MEMORANDUM OPINION
DE MENT, District Judge.
Before the court is the Motion To Dismiss Or, In The Alternative, Motion For Summary Judgment filed by Defendant on July 1, 1999 ("Def.'s Mot."). On August 18, 1999, Plaintiff filed an untitled document in opposition to Defendant's Motion, which the court construes as a Response ("Pl.'s Resp."). Defendant filed a Reply on September 20, 1999 ("Def.'s Reply").
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