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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : GORDON B. MCDERMOTT : : v. : : THE NATIONAL SHIPPING COMPANY : OF SAUDI ARABIA : ...o0o... MEMORANDUM Now pending before this Court is a motion by Defendant, The National Shipping Company of Saudi Arabia ("NSCSA"), to dismiss the complaint of Plaintiff Gordon B. McDermott for failure to state a claim. In his complaint, Plaintiff alleges that he

CIVIL NO. CCB-99-3080

entered into an employment contract with the Defendant for a period of not less than five years. In Count I of his complaint,

Plaintiff asserts that the Defendant breached this contract by terminating Plaintiff's employment prior to the five year term. In Count II of his complaint, Plaintiff brings a claim for detrimental reliance upon the Defendants' promise of continued employment. Defendant moves to dismiss the complaint, pursuant

to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. fully briefed and no hearing is necessary. This matter has been See Local Rule 105.6.

For the reasons that follow, the Court will grant the motion to dismiss.

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STANDARD OF REVIEW The Fourth Circuit recently summarized the basic principles governing the resolution of Rule 12(b)(6) motions: The purpose of a Rule 12(b)(6) motion is to test the sufficiency of a complaint; "importantly, [a Rule 12(b)(6) motion] does not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses." Republican Party v. Martin, 980 F.2d 943, 952 (4th Cir. 1992). Accordingly, a Rule 12(b)(6) motion should only be granted if, after accepting all well-pleaded allegations in the plaintiff's complaint as true and drawing all reasonable factual inferences from those facts in the plaintiff's favor, it appears certain that the plaintiff cannot prove any set of facts in support of his claim entitling him to relief. See id. . . . We do note, however, that for purposes of Rule 12(b)(6), we are not required to accept as true the legal conclusions set forth in a plaintiff's complaint. See District 28, United Mine Workers of Am., Inc. v. Wellmore Coal Corp., 609 F.2d 1083, 1085 (4th Cir. 1979). Edwards v. City of Goldsboro, 178 F.3d 231, 243-44 (4th Cir. 1999). Exhibits attached to the pleadings are considered part of See Fed. R. Civ. P. 10(c). Where matters outside

the complaint.

the pleadings are considered by the court, a defendant's motion to dismiss will be treated as one for summary judgment under Rule 56. See Fed. R. Civ. P. 12(b)(6). BACKGROUND The facts, as stated in Plaintiff's complaint, are as follows. In early 1996, McDermott, a New Jersey resident, was

employed by Maersk, Inc. ("Maersk"), a steamship company known as a world leader in ocean transportation. (Compl.

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