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ANDERSON v. HANNAFORD BROS. CO.

Nos. 10-2384, 10-2450.

659 F.3d 151 (2011)

John ANDERSON, Jessica Choate, Michael Cyr, Elizabeth Dowd, Steve Earley, Cyndi Fear, Thomas Fear, Mark Follansbee, Carlton Greely, Robert Hanson, Bruce Hatch, Pauline Hatch, John Hutchings, Nancy Hutchings, Robert Jenkins, Pamela LaMotte, Pamela Merrill, Jeanne Smith, Eileen Turcotte, Lori Valburn and Pamela Williams, Plaintiffs, Appellants/Cross-Appellees, v. HANNAFORD BROTHERS CO., Defendant, Appellee/Cross-Appellant, Delhaize America Inc., and Kash N' Karry Food Stores Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Peter L. Murray , with whom Thomas C. Newman , Nicole L. Bradick , Murray, Plumb & Murray, Lewis Saul , and Lewis Saul Associates were on brief, for appellants/cross-appellees.

Clifford H. Ruprecht , with whom William J. Kayatta, Jr. , Catherine R. Connors , Joshua D. Dunlap , and Pierce Atwood LLP were on brief, for appellees/cross-appellant.

Before LYNCH, Chief Judge, TORRUELLA and THOMPSON, Circuit Judges.

LYNCH, Chief Judge.

Plaintiffs appeal from the dismissal of their Maine state law claims arising out of the unauthorized use of their credit and debit card data after hackers breached the electronic payment processing system of defendant Hannaford Brothers Co., where plaintiffs had shopped for groceries and used those cards.

The district court determined that plaintiffs failed to state a claim under Maine law for breach of fiduciary duty, breach of implied...

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