MILLER v. STATE DEPARTMENT OF ECONOMIC DEVELOPMENT

No. 11-2551.

David E. Miller, Appellant, v. State of Nebraska Department of Economic Development, an agency of the State of Nebraska; Richard Baier, Individually and in his official capacity as Director of the Department of Economic Development for the State of Nebraska; Gary Hamer, Individually and in his official capacity as Deputy Director of the Department of Economic Development for the State of Nebraska; Steve Charleston, Individually and in his official capacity as Deputy Director for the Community Rural Development Division of the Department of Economic Development for the State of Nebraska; Don Fertig, Individually and in his official capacity as Legal Counsel for the Department of Economic Development for the State of Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2012.


UNPUBLISHED

PER CURIAM.

David E. Miller worked for the Nebraska Department of Economic Development ("NDED") from 1986 until his discharge in June 2007. Miller's father, Richard, was diagnosed with prostate cancer in 2005 and with stage IV terminal lung cancer in 2006. Miller regularly obtained leave from work to attend Richard's medical appointments throughout 2005 and 2006. On April 5, 2007, Dr. Douglas Fiedler, Richard's pulmonologist, predicted that Richard...

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