OPINION
STANLEY S. HARRIS, District Judge.
Before the Court are defendant's motion to dismiss, plaintiffs' opposition thereto, defendant's reply, and plaintiffs' surreply. Upon consideration of the entire record, the Court denies defendant's motion. Although findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56, see Fed.R.Civ.P. 52(a); Summers v. Department of Justice,
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