OPINION AND ORDER
KINNEARY, District Judge.
This matter comes before the Court to consider the motion of the defendant, TransOhio Savings Bank ("TransOhio"), for dismissal for failure to state claims upon which relief can be granted, Fed.R. Civ.P. 12(b)(6). The plaintiff, Developer's Mortgage Co. ("DMC"), alleges that the defendant violated sections 12(2)
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