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A jury must decide if Macy’s promised the contestants in its national talent search that the winner would get the title role in the Broadway revival of “Annie” — and is therefore liable to the Philadelphia girl who won, but was dumped from the show just prior to opening night — the 3rd U.S. Circuit Court of Appeals has ruled.

The ruling in Pacitti v. Macy’s overturns last year’s decision by Chief U.S. District Judge James T. Giles that said Joanna Pacitti and her parents, Joseph and Stella Pacitti, had no contract claim against Macy’s since they were told that the show’s producers always had sole discretion to make casting changes.

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