ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
HOWARD R. TALLMAN, Chief Judge.
This case comes before the Court on Plaintiffs' Motion for Summary Judgment (Docket # 20) filed on May 1, 2009; Defendant's Motion for Summary Judgment filed May 1, 2009 (Docket # 22); the Defendant's response filed May 18, 2009 (Docket # 24); and the Plaintiffs response filed June 8, 2009 (Docket #25). The Court is prepared to rule and hereby rules as follows.
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