The usual interpretation of this is that human beings are indeed imbued with a very strong sense of fairness.

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"It's what retailers do at this time of year, and any other interpretation is just the usual media speculation, " said an HMV spokesman.

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The case is particularly interesting because the Supreme Court avoided the usual pattern of trying to narrow the question to an interpretation of federal law and instead instructed the parties to answer whether the Constitution bars such suits.

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