PER CURIAM:
The plaintiff, Dan M. Zernial, seeks reversal of the district court's dismissal of his complaint for failure to state a claim on which relief could be granted. We affirm the judgment of the district court, albeit in part on other grounds.
I. FACTUAL AND PROCEDURAL BACKGROUND.
Since the district court dismissed the complaint for failure to state a claim, we look only to the well-pleaded factual allegations of the complaint, and take them...
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