OPINION and ORDER
WALINSKI, District Judge.
This cause came to be heard upon defendants' motion for this Court to reconsider its Order of August 19, 1974, coupled with a motion to dismiss the plaintiff's complaint for failure to state a claim upon which relief can be granted. This Court's August 19 Order reinstated plaintiff's complaint which the Court dismissed in an Order of July 31, 1974, under the Supreme Court's decision in Preiser v. Rodriguez,
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