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MILLER v. AT & T, CORP.

No. Civ.A. 2:98-0808.

60 F.Supp.2d 574 (1999)

Kimberly MILLER, Plaintiff, v. AT & T, A Foreign Corporation, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

August 9, 1999.

Attorney(s) appearing for the Case

Mike Kelly, Charleston, WV, Lonnie C. Simmons, Law Office of P. Rodney Jackson, Charleston, WV, for plaintiff.

William E. Robinson, Michael A. Kawash, Robinson & McElwee, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Before the Court are cross-motions for summary judgment. The plaintiff, Miller, claims that she was entitled to leave under the Family and Medical Leave Act (FMLA) and that the defendant, AT & T, wrongfully denied it. The plaintiff's motion is premised on the defendant's failure to use the second-opinion procedures of 29 U.S.C. § 2613 to challenge her application for FMLA leave. The plaintiff...

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