OPINION
MOTZ, Chief Judge.
During the second half of 1994, twenty-two employees of Stanley H. Kaplan Educational Center, Ltd. ("Kaplan") took a computerized version of the Graduate Record Examination ("GRE"), known as the GRE-CAT, given by the Educational Testing Service ("ETS"). Through this organized effort Kaplan proved that questions on the GRE-CAT reappeared with sufficient frequency that they could be memorized by test-takers and passed on to others...
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