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RUSSELL v. U.S. DEPT. OF THE ARMY

No. 98-35545.

191 F.3d 1016 (1999)

Theresa D. RUSSELL, Plaintiff-Appellant, and Donald Russell, individually and on behalf of the marital community and as Guardians Ad Litem for their children Jhaunea Russell, Donald Russell, Jr. and Tajah Russell, Plaintiff, v. UNITED STATES DEPARTMENT OF THE ARMY; United States Department of the Army, Corps. of Engineers; Togo D. West, Jr., Secretary of the Army; Joyce E. Rolstad; John Doe Rolstad, and the marital community composed thereof; Jack Erlandson; Jane Doe Erlandson, and the marital community composed thereof; John Barrett; Jane Doe Barrett, and the marital community composed thereof; Sermerion Smith; John Doe Smith, and the marital community composed thereof; Nancy L. January; John Doe January, and the marital community composed thereof, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 1999.

Attorney(s) appearing for the Case

Theresa D. Russell, Pittsburgh, Pennsylvania, in pro se for the plaintiff-appellant.

Mark Chutkow, Assistant United States Attorney, Seattle, Washington, for the defendants-appellees.

Before: CANBY, BRUNETTI and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether federal employees covered by Title II of the Family and Medical Leave Act may bring suit for violations of its provisions.

I

From March 1989 to March 1992, Theresa Russell worked at the Army Directorate of Engineering and Housing in Hanau, Germany as a federal civil service employee. Upon her husband's reassignment from Germany to Fort Lewis, Washington, Russell left her position at the Directorate...

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