GURFEIN, District Judge.
This is a diversity case in which a motion has been made to dismiss the complaint under Fed.R.Civ.P. 12(b)(6). Affidavits have been submitted but they are not sufficiently comprehensive for the Court to treat the motion as one for summary judgment. I, therefore, exclude matters outside the pleading. Rule 12(b)(6). For purposes of the motion to dismiss, the allegations are taken to be true.
The complaint alleges as follows:
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