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EFTA01295633_sub_001 - EFTA01295633_100
-evidence standard). 2. "[T]he factors spelled out in Rule 23 must be addressed through findings, even if they overlap with issues on the merits." Gariety, 368 F.3d at 366; accord In re Rail Freight Fuel Surcharge Antitrust Litig., 725 F.3d 244, 249, 406 U.S. App. D.C. 371 (D.C. Cir. 2013) (recognizin
coming to rest on the certification question." Id. This Court's precedent and its approach in Brown I are consistent with Wal-Mart and Falcon. See Gariety v. Grant Thornton, LLP, 368 F.3d 356, 366 (4th Cir. 2004) (observing that [FINS] "while an evaluation of the merits to determine the strength of the
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