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P.C. YONKERS, INC. v. CELEBRATIONS, SUPERSTORE

No. 04-4254.

428 F.3d 504 (2005)

P.C. YONKERS, INC; Party City Clifton, Inc.; Party City of Hamilton Square, Inc.; Party City of Lawrenceville, Inc.; Party City North Bergen, Inc.; P.C. Voorhees, Inc.; East Harrisburg, P.C., Inc.; Lancaster P.C., Inc.; Montgomeryville P.C., Inc.; Party City of Cottman Avenue, Inc.; Party City of Harrisburg, Inc.; Party City of Lehigh Valley, Inc.; Party City of Reading, Inc.; City of Springfield, Inc.; Party City of New York, Inc.; Scranton Party City LLC; Stroudsburg P.C. Inc.; Wilkesbarre Party City LLC; Party City Management, Co., Inc., Appellants v. CELEBRATIONS THE PARTY AND SEASONAL SUPERSTORE, LLC; Andrew Bailen; Andrew Hack.

United States Court of Appeals, Third Circuit.

Filed November 7, 2005.

Attorney(s) appearing for the Case

Kenneth L. Leiby, Jr., Shackleton & Hazeltine, Millburn, NJ, Michael Einbinder [Argued], Einbinder & Dunn, New York, NY, for Appellants.

Karol C. Walker [Argued], St. John & Wayne, Newark, NJ, for Appellees Celebrations the Party and Seasonal Superstore, LLC; Andrew Bailen.

Peter L. MacIsaac [Argued], Chasan, Leyner & Lamparello, Secaucus, NJ, for Appellee Andrew Hack.

Before ROTH, RENDELL, and BARRY, Circuit Judges.

RENDELL, Circuit Judge.

Plaintiffs P.C. of Yonkers, Inc., and eighteen related "Party City" affiliates (the "PC plaintiffs") appeal the District Court's order denying injunctive relief sought pursuant to the provisions of the federal Computer Fraud and Abuse Act ("CFAA"), and under New Jersey state law. We will affirm because we agree with the District Court's analysis regarding the lack of evidentiary basis for the injunction, but we will take this opportunity to...

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