MEMORANDUM OPINION AND ORDER
NEESE, District Judge.
A United States magistrate of this district recommended on June 13, 1978 that the motion herein of the defendant for a dismissal of this action for the plaintiff's failure to state a claim against him upon which relief can be granted, Rule 12(b)(6), Federal Rules of Civil Procedure, be denied. 28 U.S.C. § 636(b)(1)(B). A copy of such recommendation was mailed by the clerk to counsel of record herein...
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