MEMORANDUM OPINION
CHARLES R. RICHEY, District Judge.
Before the Court is the Defendants' Motion to Dismiss, the Plaintiff's Opposition thereto, and the Defendant's Reply Memorandum in Support of its Motion to Dismiss and Opposition to Plaintiff's Motion for a Preliminary Injunction. Because the Plaintiff has failed to state a claim upon which relief can be granted, the Court will GRANT the Defendant' Motion.
I. BACKGROUND
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