MEMORANDUM OF DECISION
ORMA R. SMITH, District Judge.
This action is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6).
The parties have presented memoranda in accordance with the rules of the court and the matter is now ripe for decision.
The court should not sustain...
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