ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT
ROBERT H. WHALEY, District Judge.
Before the Court are the parties' cross motions for summary judgment, as well as miscellaneous motions to strike certain arguments and proffered expert testimony. A hearing on these motions was held on October 6, 2009. For the reasons set forth below, the Court denies Plaintiffs' motion for summary judgment and grants Defendants' motion in part.
I. BACKGROUND
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