Mitchell v. Abercrombie & Fitch, No. 06-3737 (6th Cir. 2007)
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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 07a0230n.06 Filed: March 28, 2007 No. 06-3737 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT MELISSA MITCHELL, JENNIFER FRIETSCH, AND SCOTT OROS, Plaintiffs-Appellants, v. ABERCROMBIE & FITCH CO. AND ABERCROMBIE & FITCH STORES, INC., Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ON APPEAL from the United States District Court for the Southern District of Ohio Before: COOK and McKEAGUE, Circuit Judges, and EDGAR, Senior District Judge.* PER CURIAM. The district court addressed all issues in this case in a comprehensive, well reasoned opinion entered on March 31, 2006, granting Abercrombie & Fitch Co. s motion for summary judgment and dismissing all claims under federal and Ohio law. This Court AFFIRMS the district court s judgment on the basis of that opinion. This Court notes, however, that without saying so explicitly, the district court in effect declined to exercise supplemental jurisdiction over the plaintiff s claims under Pennsylvania law. As acknowledged by counsel for Abercrombie & Fitch Co. at oral argument, the plaintiffs claims under Pennsylvania law are deemed to have been dismissed without prejudice by the district court. * The Hon. R. Allan Edgar, Senior United States District Judge for the Eastern District of Tennessee, sitting by designation.
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