5 MOTION TO DISMISS COUNTERCLAIM FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, MEMORANDUM, CERTIFICATE OF SERVICE FILED BY NELSON SHANKS.(ph, ) Modified on 5/29/2003 (ph, ). Additional attachments) added on 6/16/2003 (vw, ). Additional attachment(s) added on 6/16/2003 (vw, ). Additional