OPINION
ANNE E. THOMPSON, District Judge.
This matter comes before the court on motion of the defendant, Supermarkets General Corporation ["SGC"], to dismiss this action under Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and under 12(b)(6) for failure to state a claim upon which relief can be granted. Since matters outside the pleadings have been considered by the court, this motion will be treated as one for summary...
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