POSNER, Circuit Judge.
This appeal is before us once again, the Supreme Court having remanded it to us for further consideration in light of the Court's decision in Empire Healthchoice Assurance, Inc. v. McVeigh, ___ U.S. ___, 126 S.Ct. 2121, 165 L.Ed.2d 131 (2006). The parties have fully briefed the question, which they answer differently, whether Empire requires us to change our decision,
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