OPINION & ORDER
HOCHBERG, District Judge.
This matter comes before the Court upon Plaintiffs' motion for summary judgment. The Court retains diversity jurisdiction under 28 U.S.C. 1332. The Court has reviewed the submissions of the parties and considers the motion on the papers pursuant to Fed.R.Civ.P. 78 together with pertinent portions of the oral argument on April 26, 2005.
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