James Emory, Inc. v. Twiggs County, Ga.

ORDER

OWENS, District Judge.

Before the court is the Twiggs County defendants’ motion for summary judgment. Defendants’ motion was initially couched in the form of a dismissal pursuant to Federal Rule of Civil Procedure (“Fed.R.Civ.P.”) 12(b). Alternatively, defendants sought a determination of the status of plaintiffs claims under Fed.R.Civ.P. 56, allowing courts to award summary judgment. Because matters outside of the pleadings would necessarily be considered by the court in deciding these motions — plaintiff, for example, originally filed an affidavit of one of its corporate officers — the…