DECISION AND ORDER
SIRAGUSA, District Judge.
INTRODUCTION
This case is before the Court on defendant's motion (docket # 2) to dismiss plaintiffs complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). After carefully considering the papers filed in support of and in opposition to the motion, and oral argument held on February 14, 2003, the Court determines that defendant's motion must be granted in part, and...
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