OPINION AND ORDER
BERTELSMAN, District Judge:
This matter is before the court on defendant's motion to dismiss or, in the alternative, motion for summary judgment (Doc. 7). The court heard oral argument on this motion on June 2, 2010, after which it took the motion under advisement. (Doc. 18)
Having heard the parties, and having further reviewed this matter, the court now issues the following Opinion and Order.
Introduction
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