MEMORANDUM OPINION
CHURCHILL, District Judge.
The defendant's motion to dismiss Count IV of the plaintiff's complaint for failure to state a claim and the plaintiff's motion for summary judgment of liability upon Count IV of the plaintiff's complaint were taken under advisement at the conclusion of oral argument on May 20, 1992.
For reasons stated herein, it is the opinion of the Court that the defendant is entitled to dismissal of Count IV for failure...
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