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NERO v. INDUSTRIAL MOLDING CORP.

No. 98-10020.

167 F.3d 921 (1999)

Michael NERO, Plaintiff-Appellee, v. INDUSTRIAL MOLDING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 5, 1999.

Attorney(s) appearing for the Case

Donald E. Cummings, Lubbock, TX, for Plaintiff-Appellee.

Don L. Graf, William Patrick Lane, McCleskey, Harriger, Brazill & Graf, Lubbock, TX, for Defendant-Appellant.

Before EMILIO M. GARZA, BENAVIDES and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendant-Appellant, Industrial Molding Corporation ("IMC"), appeals from a judgment entered on a jury verdict holding IMC liable to Plaintiff-Appellee, Michael Nero, for violations of the Family and Medical Leave Act of 1993 ("FMLA") and the Employee Retirement Income Security Act of 1974 ("ERISA"). IMC alleges that (1) Nero presented insufficient evidence to prove that Nero's medical leave...

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