Judges LEVAL and LYNCH join the opinion and concur in separate opinions. JOHN M. WALKER, JR., Chief Judge. Jason B. Nicholas, John Lewis, Philip Rabenbauer, Frank Solimine, Robert Pa-cini, Chester Flanders, Bennie Bates, Lymond Stephenson, Luis Mejia, Cecil Barrow, and Dominic DeRuggiero (collectively, “plaintiffs”) appeal from a judgment of the United States District Court for the Southern District of New York…
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