MEMORANDUM AND ORDER
JAMES McGIRR KELLY, District Judge.
Presently before this court is defendant Provident National Bank's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) or in the alternative for partial summary judgment pursuant to Fed.R.Civ.P. 56(c). Because Provident has presented on its motion to this court matters outside the pleadings, the motion will be treated as a motion for summary judgment. See Fed.R.Civ.P. 12(b).
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