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WASCURA v. CARVER

No. 98-4124.

169 F.3d 683 (1999)

Rosemary J. WASCURA, Plaintiff-Appellee, v. Neil CARVER, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 9, 1999.

Attorney(s) appearing for the Case

Richard Hunt McDuff, Christine Duignan, Johnson, Anselmo, Murdoch, Burke & George, Ft. Lauderdale, FL, for Defendants-Appellants.

Robert Kent Burlington, Ava J. Borrasso, Aragon, Burlington, Weil & Crockett, Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, BLACK and CARNES, Circuit Judges.

CARNES, Circuit Judge:

The defendants, various public officials, appeal from the district court's denial of their motion to dismiss plaintiff Rosemary Wascura's Family and Medical Leave Act ("FMLA") claim against them in their individual capacities. Because the law of this circuit requires us to conclude that public officials in their individual capacities are not "employers" under the FMLA, we hold that there is no federal subject matter jurisdiction over these claims...

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