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HYPES ON BEHALF OF HYPES v. FIRST COMMERCE CORP.

No. 96-31133.

134 F.3d 721 (1998)

David L. HYPES, Individually and on behalf of his minor child Sarah HYPES, and Megan Hypes, Plaintiffs-Appellants, v. FIRST COMMERCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 1998.

Attorney(s) appearing for the Case

William H. Reinhardt, Jr., William Martin McGoey, Reinhardt & McGoey, Metairie, LA, for Plaintiffs-Appellants.

Thomas J. McGoey, II, Robert B. Worley, Jr., The Kullman Firm, New Orleans, LA, for Defendant-Appellee.

Before JONES, EMILIO M. GARZA and PARKER, Circuit Judges.

PER CURIAM:

I.

PROCEDURAL HISTORY

Plaintiff-Appellant David Hypes (hereinafter "Hypes") worked for First Commerce Corporation (hereinafter "FCC") from February of 1993 to December 31, 1994. He was fired ostensibly for excessive absenteeism and tardiness. During the period of his employment, Hypes developed chronic obstructive lung disease, which he argues precipitated his absences and tardiness. On August 23, 1995, Hypes filed suit against FCC...

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