ORDER
CARL B. RUBIN, Chief Judge.
This matter is before the Court on defendant's Motion to Dismiss (doc. no. 5) and plaintiffs' Motion for a Partial Summary Judgment (doc. no. 30). The parties have filed extensive memoranda with supporting affidavits and documentation. Pursuant to the terms of Fed.R.Civ.P. 12(b)(6), the Court will consider defendant's motion as one for summary judgment, and dispose of it as provided in Fed.R.Civ.P. 56.
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