MEMORANDUM
BARTLE, District Judge.
Plaintiff Jerry Underwood ("Underwood") has brought this action under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e, et seq. and 42 U.S.C. § 1981 against his former employer, Chef Fransico/Heinz ("Heinz"). Before the court is the motion of defendant Heinz to dismiss plaintiff's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure...
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