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YASHENKO v. HARRAH'S NC CASINO CO., LLC

No. 05-1256.

446 F.3d 541 (2006)

Edward YASHENKO, Plaintiff-Appellant, v. HARRAH'S NC CASINO COMPANY, LLC, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael Geoffrey Wimer, Wimer & Jobe, Arden, North Carolina, for Appellant. Jeffrey Andrew Lehrer, Ford & Harrison, L.L.P., Spartanburg, South Carolina, for Appellee. ON BRIEF: Karen M. Tyner, Ford & Harrison, L.L.P., Spartanburg, South Carolina, for Appellee.

Before MOTZ and TRAXLER, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge TRAXLER and Judge JONES joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case presents two questions of first impression for this circuit. First, does the Family and Medical Leave Act ("FMLA"), 29 U.S.C.A. § 2601 et seq. (West 1999 & Supp.2005), provide a covered employee with an absolute right to be restored to his previous job after taking approved...

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