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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JAMES W. EMERY : : v. : BAY CAPITAL CORPORATION : Civil Action WMN-04-2726

ORDER In accordance with the foregoing Memorandum and for the reasons stated therein, IT IS this 25th day of January, 2005 by the United States District Court for the District of Maryland, ORDERED: 1) That Defendant's Motion to Dismiss, Paper No. 19, is hereby DENIED; and 2) That the Clerk of Court shall transmit copies of this Memorandum and Order to all counsel of record.

/s/ William M. Nickerson Senior United States District Judge



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