James BENJAMIN, et al., Plaintiffs-Appellants, v. Martin HORN, et al., Defendants-Appellees. No. 08-5421-cv.United States Court of Appeals, Second Circuit. November 12, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND Page 474 DECREED that the judgment of the district court be VACATED, […]