Corr v. Metropolitan Washington Airports Authority

ORDER

NEWMAN and DYK, Circuit Judges.

After this matter was assigned to a panel of which we are members, we discovered in the course of preparing for oral argument that we are, or may be, putative members of the as-yet uncertified plaintiff class, because we have, or may have, paid tolls on the Dulles Toll Road in Northern Virginia since May of 2005.

We have considered whether we should recuse ourselves from this case because of the possibility of class membership. However, after reviewing the thoughtful analy-ses of our colleagues on the Second and Ninth Circuits who have confronted simi lar…