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HURLBERT v. ST. MARY'S HEALTH CARE SYSTEM, INC.

No. 05-10252.

439 F.3d 1286 (2006)

Barbara J. HURLBERT, Executor of the Estate of Thomas Hurlbert, Plaintiff-Appellant, v. ST. MARY'S HEALTH CARE SYSTEM, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 16, 2006.

Attorney(s) appearing for the Case

Janet E. Hill, Hill & Beasley, LLP, Athens, GA, for Hurlbert.

F. Kytle Frye, III, Rhonda Ruth Wilcox, Fisher & Phillips, LLP, Atlanta, GA, for Defendant-Appellee.

Before BIRCH, WILSON and COX, Circuit Judges.

WILSON, Circuit Judge:

Barbara J. Hurlbert, executor of the estate of Thomas Hurlbert, appeals the district court's order granting summary judgment to Thomas Hurlbert's ("Hurlbert") former employer, St. Mary's Health Care System, Inc. ("St. Mary's"), on Hurlbert's claims under the Family and Medical Leave Act of 1993 ("FMLA" or the "Act").1 The district court determined that Hurlbert could not establish statutory entitlement to FMLA leave...

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