ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on the parties' cross-motions for summary judgment [DE # 28, 31]. Appropriate responses and replies have been filed, and the time for further filings has expired. A hearing was held before the undersigned on June 14, 2007, at the United States Courthouse in Greenville, North Carolina. This matter is ripe for adjudication.
STATEMENT OF THE CASE
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