OPINION AND ORDER
MARRA, District Judge.
This cause is before the Court upon the parties' cross motions for summary judgment [DE 31 and DE 39]. The Court heard oral argument on December 7, 2005. The Court has carefully considered the motions and the arguments of counsel and is otherwise fully advised in the premises.
I. Background
The facts, as culled from affidavits, depositions, declarations, exhibits and reasonably inferred...
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