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DARST v. INTERSTATE BRANDS CORP.

No. 04-2460.

512 F.3d 903 (2008)

Richard L. DARST, as Trustee for the Bankruptcy Estate of Krzysztof Chalimoniuk, Plaintiff-Appellant, v. INTERSTATE BRANDS CORPORATION and Tonia Gordon, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 11, 2008.

Attorney(s) appearing for the Case

Brett E. Nelson (argued), Flews, Shadley, Racher & Braun, Indianapolis, IN, for Plaintiff-Appellant.

J. Randall Coffey (argued), Fisher & Phillips, Kansas City, MO, for Defendants-Appellees.

Before POSNER, ROVNER and SYKES, Circuit Judges.

ROVNER, Circuit Judge.

Krzysztof Chalimoniuk1 worked for Interstate Brands Corporation ("IBC"), a manufacturer of baked goods, for fifteen years before he was, terminated for excessive absenteeism. Chalimoniuk is an alcoholic and he sought treatment for that condition in his final days at IBC. He requested leave under the Family and Medical. Leave Act ("FMLA") for an absence extending from July 29, 2000 to August 14, 2000.

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