SIRICA, District Judge.
This matter is before the Court on defendant's motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. A hearing on the motion was held on February 16, 1962.
For the purpose of this motion the Court must accept as true every well pleaded material allegation of fact set forth in the complaint,
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