Memorandum Opinion and Order

Pending is the motion of Defendant Georgie Boy Manufacturing, Inc. (Georgie Boy) to dismiss pursuant to Rule 12(b)(6).  Fed. R. Civ. P. 12(b)(6).  After Georgie Boy’s motion was filed, Plaintiff Joe C. Boland (Boland) was given leave to amend and add a second count to the Complaint.  Count One of the Amended Complaint, filed January 10, 2003, remains identical to the single count of the original Complaint, which Georgie Boy moves to dismiss.  Accordingly, the Court construes the motion as one to dismiss Count One of the Amended Complaint. That motion is DENIED.