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Mistrial Declared in Suit Against Retailer

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From Times Staff Reports

A Los Angeles federal judge declared a mistrial Friday in a damage suit brought by seven professional surfers against Abercrombie & Fitch over the retailer’s use of their photograph in a catalog, a company lawyer said.

U.S. District Judge Manuel Real accused one of the plaintiffs, George Downing, of Hawaii, of violating his order not to discuss the case with the news media, according to Joel McCabe Smith, attorney for Abercrombie & Fitch.

Downing’s comments appeared Friday in the City of Angles column in The Times’ Southern California Living section.

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The surfers contend their photo was used without permission to promote the sale of Abercrombie & Fitch T-shirts.

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