MEMORANDUM OPINION
BOGUE, District Judge.
This is a diversity action now before this Court on a Motion to Dismiss filed by Defendant Cudmore-Neiber Shoe Company, Inc. While the motion is styled as one to dismiss the complaint for failure to state a claim upon which relief can be granted, matters outside the pleadings have been presented by both parties, and not excluded by the Court. Thus the Motion to Dismiss will be treated by this Court as a Motion for...
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