MEMORANDUM AND ORDER
VAN BEBBER, District Judge.
This case is now before the court on defendant Federal Deposit Insurance Corporation's ("FDIC") Motion to Dismiss (Doc. 31), pursuant to Fed.R.Civ.P. 12(b)(6) for failure of plaintiff's complaint to state a claim upon which relief can be granted. Plaintiff has responded and opposes the motion. For the reasons stated below, defendant FDIC's motion is granted.
I. FACTUAL BACKGROUND
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