MEMORANDUM OPINION
HEYBURN, District Judge.
This case is before the Court on Defendant's Motion to Dismiss for failure to state a claim to relief. Fed.R.Civ.P. 12(b)(6). The Court has reviewed the various memoranda and has discussed the issues with counsel. For the reasons set forth in this memorandum opinion, the Court will sustain Defendant's Motion.
I.
In reviewing Defendant's Motion to Dismiss the Court must accept as true the...
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