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INSTRUCTIONAL SYSTEMS, INC. v. COMPUTER CURRICULUM CORP.

Nos. 93-5414, 93-5490, 93-5635, 93-5722, 94-5048.

35 F.3d 813 (1994)

INSTRUCTIONAL SYSTEMS, INC., a Corporation of the State of New Jersey v. COMPUTER CURRICULUM CORPORATION, a Corporation of the State of Delaware Instructional Systems, Inc., Appellant Deborah T. Poritz, Attorney General of New Jersey, Intervenor (per the Court's Nov. 19, 1993 order) INSTRUCTIONAL SYSTEMS, INC., a Corporation of the State of New Jersey v. COMPUTER CURRICULUM CORPORATION, a Corporation of the State of Delaware v. Hon. Alfred J. LECHNER, Jr., United States District Judge for the District of New Jersey, Nominal Respondent Deborah T. Poritz, Attorney General of New Jersey, Petitioner INSTRUCTIONAL SYSTEMS, INC., a Corporation of the State of New Jersey, Petitioner v. COMPUTER CURRICULUM CORPORATION, a Corporation of the State of Delaware Hon. Alfred J. Lechner, Jr., United States District Judge for the District of New Jersey, Nominal Respondent INSTRUCTIONAL SYSTEMS, INC., a Corporation of the State of New Jersey v. COMPUTER CURRICULUM CORPORATION, a Corporation of the State of Delaware Instructional Systems, Inc., Appellant INSTRUCTIONAL SYSTEMS, INC., a Corporation of the State of New Jersey v. COMPUTER CURRICULUM CORPORATION, a Corporation of the State of Delaware Deborah T. Poritz, Attorney General of New Jersey, Intervenor in D.C., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 16, 1994.

Sur Petitions for Rehearing November 3, 1994.

Attorney(s) appearing for the Case

Nicholas deB. Katzenbach (Argued), Douglas S. Eakeley, Sigrid S. Franzblau, Anne M. Patterson, Jeffrey J. Miller, Debra H. Azarian, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, John J. Gibbons, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Warren S. Robins, Robert E. Rochford, Dunn, Pashman, Sponzilli, Swick & Finnerty, Hackensack, NJ, for appellant/petitioner Instructional Systems, Inc.

Sidney S. Rosdeitcher (Argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York City, A. Leon Higginbotham, Jr., Jay Greenfield, Gary Stein, Marcella David, of counsel, Andrew T. Berry, McCarter & English, Newark, NJ, for appellee/respondent Computer Curriculum Corp.

Bertram P. Goltz, Jr. (Argued), Deputy Atty. Gen., Joseph L. Yannotti, Jr., Asst. Atty. Gen., Office of Atty. Gen. of N.J., Newark, NJ, for intervenor/petitioner Atty. Gen. of N.J.

Before: SLOVITER, Chief Judge, ROTH, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

In a far-reaching opinion, the district court limited the application of the New Jersey Franchise Practices Act to the activities of a New Jersey franchisee within New Jersey on the ground that giving the Act extraterritorial effect would conflict with the dormant Commerce Clause. Before we reach this issue of first impression, we must wind through the present status of the law on Pullman abstention and...

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