MEMORANDUM OPINION
GEX, Senior District Judge.
THIS CAUSE comes before the Court on motion [146-1] of the Defendant, the United States of America [United States] to dismiss pursuant to Rule 12(b) for the Federal Rules of Civil Procedure, or in the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The Court has duly considered the record in this action, and the briefs of counsel, and being fully advised...
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