MEMORANDUM OPINION
R. DAVID PROCTOR, District Judge.
This case is before the court on Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. # 39). The Motion has been fully briefed (Docs. # 40, 46, 49, 52, 53, 54).
I. Facts1
Plaintiff Alabama Aircraft, Inc. ("AAI" or "Pemco")
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