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

No. 05-CV-0021-P-S.

394 F.Supp.2d 283 (2005)

BANKNORTH, N.A., Plaintiff, v. BJ'S WHOLESALE CLUB, INC. et al., Defendants.

United States District Court, D. Maine.

July 8, 2005.

Attorney(s) appearing for the Case

John Hubbard Rich, III, Perkins, Thompson, Hinckley & Keddy, Portland, ME, for Plaintiff.

Christopher A. Lewis, Mark L. Rhoades, Richard L. Kremnick, Blank, Rome LLP, Philadelphia, PA, Jonathan S. Piper, Roy T. Pierce, Stephen Douglas Wilson, Gregory Paul Hansel, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Mark G. Lavoie, Norman, Hanson & Detroy, Portland, ME, Elizabeth E.W. Weinewith, W. Breck Weigel, Vorys, Sater, Seymour & Pease, Cincinnati, OH, for Defendants.

ORDER ON BJ'S WHOLESALE CLUB'S MOTION TO DISMISS AND FIFTH THIRD BANK'S MOTION TO DISMISS

SINGAL, Chief Judge.

Before the Court are Motions to Dismiss by BJ's Wholesale Club (Docket # 6) and Fifth Third Bank (Docket # 8). The issue presented is whether Plaintiff Banknorth, N.A. ("Banknorth"), an issuer of credit cards, may recover from Defendants in contract, tort, and equitable subrogation for Defendant BJ's Wholesale Club's ("BJ's") alleged...

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