ORDER
ROBERT G. DOUMAR, District Judge.
This matter comes before the Court upon the June 18, 2008 Motion of Defendants Joseph E. Dietrich and Thomas F. Swider ("Defendants") to dismiss for failure to state a claim upon which relief can be granted. At a hearing held on September 3, 2008, this Court denied the Motion and reserved the right to issue a written Order. For the reasons set forth herein, the Court hereby
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