MEMORANDUM OPINION
WEINER, District Judge.
The defendants in this case move pursuant to Fed.R.Civ.P. 12(b) (6) to dismiss the action because plaintiff has allegedly failed to state a claim upon which relief can be granted. The plaintiff, in turn, is seeking specific performance of a "General Agreement of Indemnity" in which defendant petitioners have agreed, in paragraph 4, that:
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