FRANK W. WILSON, District Judge.
This case is before the Court upon three pending motions. The original motion filed was that of the defendant to dismiss the plaintiffs' complaint. The plaintiffs have in turn filed a motion to strike the defendant's motion to dismiss. This will be treated as the plaintiffs' response to the defendant's motion to dismiss. Finally, the plaintiffs have filed a motion for summary judgment.
Considering first the defendant's motion...
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