ORDER
TERRENCE W. BOYLE, District Judge.
This matter is before the Court on parties' Cross — Motions for Summary Judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. A hearing was held on October 12, 2006, in Raleigh, North Carolina and the matter is now ripe for ruling. For the reasons discussed below, Plaintiffs' Motion for Summary Judgment is GRANTED and Defendants' Motion for Summary Judgment is DENIED.
PROCEDURAL...
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