MEMORANDUM AND ORDER
J. THOMAS MARTEN, District Judge.
The court has before it the defendants' Motion to Dismiss or for Summary Judgment (Dkt. 121). The defendants seek an order dismissing the case for failure to state a claim under Fed. R. Civ. P. 12(b)(6). In the alternative, the defendants ask the court to grant summary judgment in their favor. After thoroughly reviewing the parties' briefs, the court is now prepared to rule. For the following reasons...
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