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BANKNORTH, N.A. v. BJ'S WHOLESALE CLUB, INC.

Civil No. 1:CV-05-1801.

442 F.Supp.2d 206 (2006)

BANKNORTH, N.A., Plaintiff v. BJ'S WHOLESALE CLUB, INC. and Fifth Third Bank, Defendants BJ's Wholesale Club, Inc., Third-Party Plaintiff, v. International Business Machines Corporation, Third-Party Defendant.

United States District Court, M.D. Pennsylvania.

April 13, 2006.

Attorney(s) appearing for the Case

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

Christopher A. Lewis, Richard L. Kremnick, Blank Rome Comisky & McCauley LLP, Philadelphia, PA, Andrew L. Swope, Kirkpatrick & Lockhart LLP, Harrisburg, PA, Christopher C. Taintor, Mark G. Lavoie, Norman, Hanson & Detroy, Portland, ME, Elizabeth E.W. Weinewuth, William Breck Weigel, Vorys, Sater, Seymour & Pease LLP, Cincinnati, OH, for Defendants.

Jennifer L. Carpenter, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, Mark L. Rhoades, Blank Rome LLP, Philadelphia, PA, for Defendants/Third Party Plaintiff.

Robert N. Feltoon, Conrad, O'Brien, Gellman & Rohn, PC, Philadelphia, PA, for Third Party Defendant.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Plaintiff, Banknorth, N.A., filed this lawsuit against defendants, BJ's Wholesale Club, Inc., and Fifth Third Bank, after third parties allegedly hacked into a computer file maintained by BJ's and obtained Visa debit-card numbers of Banknorth customers. Banknorth incurred expenses for the cost of issuing new debit cards to replace the ones that had been compromised by the theft and...

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