MEMORANDUM AND ORDER
CANCIO, Chief Judge.
Defendant has moved pursuant to Rule 12(b) (6) for an order dismissing the complaint for failure to state a claim against the defendant upon which relief can be granted or, in the alternative, for summary judgment in its favor. The principal ground advanced by defendant in support of its motion is that the action, if any, that the plaintiff may have had against the defendant, is prescribed pursuant to Article 1868...
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