MEMORANDUM RULING
DONALD E. WALTER, District Judge.
Before this Court is a Motion to Dismiss [Doc. # 3] filed on behalf of defendant, the United States of America (the "Government"), pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff opposes this motion. For the reasons assigned herein, the Government's motion is
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