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  5. 398 F.Supp.2d 317 (2005)
 

PENNSYLVANIA STATE EMPL. CRED. v. FIFTH THIRD BANK

No. CIV. 1:CV-04-1554.

398 F.Supp.2d 317 (2005)

PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. FIFTH THIRD BANK and BJ'S Wholesale Club, Inc., Defendants v. BJ'S Wholesale Club, Inc., Third-Party Plaintiff, v. International Business Machines Corporation, Third-Party Defendant

United States District Court, M.D. Pennsylvania.

October 18, 2005.

Attorney(s) appearing for the Case

Devin J. Chwastyk, Donald B. Kaufman, Kandice J. Giurintano, McNees Wallace & Nurick LLC, Harrisburg, PA, for Plaintiff.

Andrew L. Swope, Christopher R. Nestor, Kirkpatrick & Lockhart Nicholson Graham LLP, Harrisburg, PA, William B. Weigel, Vorys, Sater, Seymour & Pease LLP, Cincinnati, OH, for Defendants.

Benjamin M. Stern, James S. Goldman, James W. Prendergast, Wilmer Cutler Pickering Hale and Dorr, LLP, Boston, MA, Christopher A. Lewis, George J. Krueger, Mark L. Rhoades, Richard L. Kremnick, Blank Rome Comisky & McCauley LLP, Philadelphia, PA, Gordon Pearson, Wilmer Cutler Pickering Hale & Dorr LLP, Washington, DC, for Third-Party Plaintiff.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

This case stems from a breach of the computer system used by defendant, BJ's Wholesale Club, Inc., a wholesale club retailer. The system was hacked and bank-card numbers were stolen, allegedly because the computer program BJ's used to process card transactions improperly retained card numbers rather than merely keep them in the system only for the seconds required to validate the...

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