District Court, M.D. Tennessee February 28, 1997, No. 2:96-0089 (Looper v. Boman)

MEMORANDUM

CAMPBELL, District Judge.

Pending before the Court are Defendant’s Motion to Dismiss (Docket No. 28), which, because it is supported by Affidavits, shall be treated as a Motion for Summary Judgment, and Plaintiffs Cross Motion for Summary Judgment (Docket No. 38). The Court heard oral argument on both motions on Friday, February 28,1997.