William H. Yohn, Jr.
ORDER
AND NOW, this 28th day of November 2012, upon consideration of defendants' motion to dismiss count V of the complaint under Federal Rule of Civil Procedure 12(b)(6) (Doc. # 4), plaintiff's opposition brief, and defendants' reply thereto, IT IS HEREBY ORDERED THAT the motion to dismiss count V is DENIED.
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William H. Yohn, Jr., Judge