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SATTERFIELD v. WAL-MART STORES, INC.

No. 97-40135.

135 F.3d 973 (1998)

Melanie SATTERFIELD, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied March 25, 1998.

Attorney(s) appearing for the Case

Ned A. Stewart, Jr., Autrey & Stewart, Texarkana, AR, for Plaintiff-Appellee.

Jimmy Preston Wrotenbery, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Jo Ann Collier, Hirsch, Robinson, Sheiness & Glover, Houston, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and GARWOOD and BARKSDALE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 25, 1998.

RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal turns on whether, under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601, et seq., Melanie Satterfield, an "at-will" employee of Wal-Mart Stores, Inc., gave adequate notice of her need for leave, because of an unforeseeable medical problem/condition (pain in side). Wal-Mart appeals a judgment in favor of Satterfield...

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