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SELEVAN v. NEW YORK THRUWAY AUTHORITY

Docket No. 07-0037-cv.

584 F.3d 82 (2009)

Robert SELEVAN, individually and on behalf of all others similarly situated, and Anne Rubin, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. NEW YORK THRUWAY AUTHORITY, and John L. Buono, individually and as Chief Executive and Chairman of the New York Thruway Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 15, 2009.

Attorney(s) appearing for the Case

Seth R. Lesser (Andrew P. Bell, on the brief), Locks Law Firm PLLC, New York, NY, for Robert Selevan and Anne Rubin.

Benjamin Gutman (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Peter H. Schiff, Senior Counsel, Robert M. Goldfarb, Assistant Solicitor General, on the brief), Office of the Attorney General of the State of New York, Albany, NY, for New York Thruway Authority and John L. Buono.

Before CABRANES, POOLER, and KATZMANN, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal we consider whether plaintiffs, who challenge an interstate highway toll policy that affords a discount to residents of a particular New York municipality, have stated claims under several provisions of the United States Constitution.

Plaintiffs-appellants Robert Selevan and Anne Rubin (collectively, "plaintiffs"), who are citizens of the United States residing in Nassau County, New York, and Ontario, Canada...

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