| 1. | It does not reflect any prejudgment of the merits of the case.
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| 2. | Monday's action was not a decision on the merits of the case.
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| 3. | Its action is not an order on the merits of the case.
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| 4. | No judgment was made as to the merits of the case itself.
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| 5. | This was a victory based on the legal merits of the case.
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| 6. | It has not yet heard arguments on the merits of the case.
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| 7. | Without commenting on the merits of the case, Zagel granted the dismissal.
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| 8. | Neither Cohn's ruling nor Monday's order addressed the merits of the case.
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| 9. | Give it up and address the merits of the case against you, sir.
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| 10. | The merits of the case can be secondary in those instances, he said.
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