DECISION and ORDER
MYRON L. GORDON, District Judge.
This action is before me on the defendant's motion to dismiss the complaint pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. Both parties submitted affidavits in connection with the motion, and the parties agreed to conduct the plaintiff's deposition before the motion was fully submitted. Since the parties have submitted matters outside of the pleadings to the court and I have considered such...
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