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NEW JERSEY RETAIL MERCHANTS v. SIDAMON-ERISTOFF

Nos. 10-4551, 10-4552, 10-4553, 10-4714, 10-4715, 10-4716, 11-1141, 11-1164, 11-1170.

669 F.3d 374 (2012)

NEW JERSEY RETAIL MERCHANTS ASSOCIATION v. Andrew P. SIDAMON-ERISTOFF, Treasurer of the State of New Jersey; Steven R. Harris, Administrator of Unclaimed Property of the State of New Jersey, Appellants in 10-4551. New Jersey Food Council, a New Jersey Not-for-Profit Entity v. State of New Jersey; Andrew P. Sidamon-Eristoff, Treasurer of the State of New Jersey; Steven R. Harris, Administrator of Unclaimed Property of the State of New Jersey, Appellants in 10-4552. American Express Prepaid Card Management Corporation v. Andrew P. Sidamon-Eristoff, as Treasurer of the State of New Jersey; Steven R. Harris, as Administrator of Unclaimed Property of the State of New Jersey, Appellants in 10-4553. New Jersey Retail Merchants Association, Appellant in 10-4714 v. Andrew P. Sidamon-Eristoff, as Treasurer of the State of New Jersey; Steven R. Harris, as Administrator of Unclaimed Property of the State of New Jersey. New Jersey Food Council, a New Jersey Not-for-Profit Entity, Appellant in 10-4715 v. State of New Jersey; Andrew P. Sidamon-Eristoff, Treasurer of the State of New Jersey; Steven R. Harris, Administrator of Unclaimed Property of the State of New Jersey. American Express Prepaid Card Management Corporation, Appellant in 10-4716 v. Andrew P. Sidamon-Eristoff, as Treasurer of the State of New Jersey; Steven R. Harris, as Administrator of Unclaimed Property of the State of New Jersey. American Express Prepaid Card Management Corporation, Appellant in 11-1141 v. Andrew P. Sidamon-Eristoff, as Treasurer of the State of New Jersey; Steven R. Harris, as Administrator of Unclaimed Property of the State of New Jersey. New Jersey Food Council, a New Jersey Not-for-Profit Entity, Appellant in 11-1164 v. State of New Jersey; Andrew P. Sidamon-Eristoff, Treasurer of the State of New Jersey; Steven R. Harris, Administrator of Unclaimed Property of the State of New Jersey. New Jersey Retail Merchants Association, Appellant in 11-1170 v. Andrew P. Sidamon-Eristoff, as Treasurer of the State of New Jersey; Steven R. Harris, as Administrator of Unclaimed Property of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed: January 5, 2012.

Attorney(s) appearing for the Case

Robert T. Lougy (Argued), Gregory A. Spellmeyer , Office of Attorney General of New Jersey, Trenton, NJ, for Andrew P. Sidamon-Eristoff, Steven R. Harris and the State of New Jersey.

Jennifer Borek , James M. Burns (Argued), Genova Burns , Newark, NJ, for New Jersey Retail Merchants Association.

Edward T. Kole (Argued), Wilentz, Goldman & Spitzer, Woodbridge, NJ, for New Jersey Food Council.

Philip R. Sellinger (Argued), Louis Smith , Greenberg Traurig , Florham Park, NJ, Edward J. Reich , Richard M. Zuckerman (Argued), New York, NY, for American Express Prepaid Card Management Corporation.

Joseph R. Scholz , McCarter & English, Newark, NJ, for Amicus Appellee, Limited Brands, Inc.

Paul J. Watford , Henry Weissmann , Munger, Tolles & Olson, Los Angeles, CA, for Amicus Appellee, Chamber of Commerce of the United States.

Michael Houghton , Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Amicus Curiae, Unclaimed Property Professionals Organization.

OPINION OF THE COURT

FISHER, Circuit Judge.

In this consolidated appeal, New Jersey Retail Merchants Association ("Retail Merchants"), New Jersey Food Council ("Food Council"), and American Express Prepaid Card Management Corporation ("Amex Prepaid") (collectively, "SVC Issuers") challenge the constitutionality of 2010 N.J. Laws Chapter 25 ("Chapter 25"), which amended New Jersey's unclaimed property statute, N.J. Stat. Ann. § 46:30B (2002), and provided...

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