SOTOMAYOR, Circuit Judge. Plaintiffs appeal from a decision of the United States District Court for the Southern District of New York (Keenan, J.) denying class certification under Fed. R. Civ. P 23(b)(3). Plaintiffs based their RICO and fraud claims on the oral misrepresentations made by PaineWebber’s brokers, arguing that PaineWebber engaged in a common scheme to misrepresen…
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