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SOVEREIGN BANK v. BJ'S WHOLESALE CLUB, INC.

Nos. 06-3392, 06-3405.

533 F.3d 162 (2008)

SOVEREIGN BANK, Appellant No: 06-3392 v. BJ'S WHOLESALE CLUB, INC.; Fifth Third Bancorp. Pennsylvania State Employees Credit Union, Appellant No: 06-3405 v. Fifth Third Bank; Bj's Wholesale Club, Inc. Bj's Wholesale Club, Inc., Defendant/Third-Party Plaintiff v. International Business Machines Corporation, Inc., Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 16, 2008.

Attorney(s) appearing for the Case

Joseph Wolfson, Esq. (Argued), Stacey A. Scrivani, Esq., Stevens & Lee, King of Prussia, PA, for appellant, Sovereign Bank.

Donald B. Kaufman, Esq. (Argued), Devin Chwastyk, Esq., McNees Wallace & Nurick LLC, Harrisburg, PA, for appellant, Pennsylvania State Employees Credit Union.

James W. Prendergast, Esq. (Argued), Jennifer L. Carpenter, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, Gordon Pearson, Esq., Mario J. Weber, Esq., Wilmer Cutler Pickering Hall and Dorr LLP, Washington, D.C., Richard L. Kremnick, Esq., Christopher A. Lewis, Esq., Lewis W. Schlossberg, Esq., Blank Rome LLP, Philadelphia, PA, for appellee, BJ's Wholesale Club, Inc.

W. Breck Weigel, Esq. (Argued), Vorys, Sater, Seymour & Pease LLP, Cincinnati, OH, Andrew L. Swope, Esq., Abram D. Burnett III, Esq., Kirkpatrick & Lockhart Preston Gates Ellis LLP, Harrisburg, PA, for appellee, Fifth Third Bank.

Before: McKEE, FISHER and CHAGARES, Circuit Judges.

OPINION

McKEE, Circuit Judge.

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer's computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND

These consolidated appeals involve two law suits that arose from the theft of credit card...

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