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FREDERICO v. HOME DEPOT

No. 06-2266.

507 F.3d 188 (2007)

Janelle FREDERICO, individually and on behalf of a class of similarly situated persons, Appellant v. HOME DEPOT.

United States Court of Appeals, Third Circuit.

Filed: November 9, 2007.

Attorney(s) appearing for the Case

Khalid A. Elhassan (Argued), Eichen Levinson & Crutchlow, LLP, Edison, NJ, for Appellant.

Dwight D. Davis (Argued) S. Stewart Haskins, Tracy Klinger, King & Spalding, LLP, Atlanta, GA, Nicholas Stevens Starr, Gren, Davison & Rubin 103 Eisenhower Parkway, Roseland, NJ, for Appellee.

Before: SLOVITER, ALDISERT and ROTH, Circuit Judges.

ALDISERT, Circuit Judge.

Plaintiff Janelle Frederico, for herself and on behalf of a class of similarly situated persons, appeals a judgment of the United States District Court for the District of New Jersey that dismissed her complaint against The Home Depot, Inc. Alleging fraud and breach of contract, the complaint was dismissed without prejudice pursuant to Rules 9(b) and 12(b)(6), Federal Rules of Civil Procedure.

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