DECISION and ORDER
MYRON L. GORDON, District Judge.
This action is before me on the defendant's motion to dismiss, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. After the motion was filed, the plaintiff filed an amended complaint as a matter of right under Rule 15, Federal Rules of Civil Procedure. Both parties have treated the defendant's motion as directed to the amended complaint. Thus, I will treat the defendant's motion as a challenge...
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