ORDER
ROSENBAUM, District Judge.
This matter is before the Court on cross motions for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. A hearing was held on May 16, 1989. Based upon the submissions of counsel and the files, records, and proceedings herein, and for the reasons set forth below, the Court denies plaintiffs' motion for summary judgment and grants defendant's motion for summary judgment.
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