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SELEVAN v. NEW YORK THRUWAY AUTHORITY

Docket No. 11-5370-cv.

711 F.3d 253 (2013)

Robert SELEVAN, individually and on behalf of all others similarly situated, Anne Rubin, individually and on behalf of all others similarly situated, David Talarico, Samuel Taub, Plaintiffs-Appellants, v. NEW YORK THRUWAY AUTHORITY, 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: March 27, 2013.

Attorney(s) appearing for the Case

Harley J. Schnall ( Seth R. Lesser , Fran L. Rudich , Klafter, Olsen & Lesser LLP, Rye Brook, NY; Brian L. Bromberg , Bromberg Law Office, P.C., New York, NY, on the brief), Law Office of Harley J. Schnall, New York, NY, for Plaintiffs-Appellants.

Robert M. Goldfarb ( Eric T. Schneiderman , Attorney General of the State of New York, Barbara D. Underwood , Solicitor General, Andrew D. Bing , Deputy Solicitor General, on the brief), Office of the Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: LEVAL, CABRANES, and SACK, Circuit Judges.

PER CURIAM:

We consider the constitutionality of a policy of the New York Thruway Authority that provides a toll discount to residents of Grand Island, New York, who must use bridges (jointly, "Grand Island Bridge" or the "bridge") in order to travel by car between their homes and any location not on Grand Island, while denying the discount to all other motorists. Plaintiffs in this putative class action are motorists who use the Grand Island Bridge but, because they...

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