OPINION
BROTMAN, Senior District Judge.
Before the court is defendants' motion to dismiss plaintiff's four-count complaint under Fed.R.Civ.P. 12. The motion is premised on two alternative theories: that this court lacks subject matter jurisdiction over the action, Fed.R.Civ.P. 12(b)(1), and that plaintiff fails to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). As detailed below, the motion is granted in part and denied in part.
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