MEMORANDUM
MOORE, Chief Judge.
This matter is before the Court on the defendant's Motion to Dismiss the plaintiffs' complaint. The issues having been sufficiently framed in defendant's motion and plaintiffs' opposition thereto, the Court denies the motion based on the pleadings, without the need for oral argument.
Though defendant moves for dismissal under FED.R.CIV.PROC. 12(b),
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