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ARBAUGH v. Y&H CORPORATION

No. 03-30365.

446 F.3d 573 (2006)

Jenifer ARBAUGH, Plaintiff-Appellant, v. Y&H CORPORATION, d.b.a. The Moonlight Café and Yaclin Hatipoglu, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 2006.

Attorney(s) appearing for the Case

Jeffrey A. Schwartz (argued), Audrey N. Browne, Watkins, Ludlam, Winter & Stennis, New Orleans, LA, for Arbaugh.

Brett John Prendergast (argued), New Orleans, LA, for Defendants-Appellees.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:

On August 2, 2004, we affirmed the district court's dismissal of Arbaugh's suit for lack of subject matter jurisdiction under our binding precedent, which held that a failure to qualify as an "employer" with fifteen employees under Title VII deprives a district court of subject matter jurisdiction. Arbaugh v. Y&H Corp., 380 F.3d 219, 224 (5th Cir.2004). The Supreme Court granted certiorari and on February

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