MEMORANDUM AND ORDER
VAN ANTWERPEN, District Judge.
Before me is DEFENDANT HYUNDAI MOTOR AMERICA'S MOTION TO DISMISS (filed January 19, 1988). The motion is made pursuant to Fed.R.Civ.P. 12(b)(1) for lack of jurisdiction over the subject matter, and pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. For the reasons given below, I will deny the motion except with regard to Count IV of the complaint.
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