ORDER
SHERMAN G. FINESILVER, Chief Judge.
This matter comes before the court on plaintiff's motion for summary judgment and defendant's motion to dismiss or, in the alternative, motion for summary judgment. The court has determined that the motions before the court are best considered as cross motions for summary judgment. Jurisdiction is based on 28 U.S.C. § 1332. For the reasons below, defendant's motion for summary judgment is hereby GRANTED.
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