MEMORANDUM AND ORDER
LAGUEUX, District Judge.
This matter is presently before the Court on defendant's motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6). The action arises out of the plaintiff's attempt to recover on a fidelity bond issued to Heritage Loan and Investment Co. ("Heritage") by defendant Aetna Casualty & Surety Co. ("Aetna"). Heritage is an insolvent loan and investment company...
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