OPINION & ORDER
PRINCE, United States Magistrate Judge.
Ceres Marine Terminals ["Ceres"], defendant, has filed a motion to dismiss this action filed by Virginia International Terminals, Inc. ["VIT"], plaintiff, pursuant to Federal Rule of Civil Procedure 12(b)(6). The action was filed in the Circuit Court of the City of Norfolk in September 1994, and was removed by Ceres to this Court. In accordance with the provisions of 28 U.S.C. § 636...
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