OPINION
CHARLES R. RICHEY, District Judge.
INTRODUCTION
The Court has before it the defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) & (6) or, in the alternative, for summary judgment pursuant to Fed.R. Civ.P. 56. The plaintiffs have filed a memorandum in opposition, and the defendant has submitted a reply. The plaintiffs have adopted the defendant's 1—9(i) statement of material facts as to which there is no genuine issue...
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