No. 99-17458.

259 F.3d 1112 (2001)

Penny Bachelder; Mark Bachelder, Plaintiffs-Appellants, v. America West Airlines, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2001.

Attorney(s) appearing for the Case

William R. Hobson, Hobson & Ringler, Tempe, Arizona, for the plaintiffs-appellants.

Daniel C. Barr, Brown & Bain, P.A., Phoenix, Arizona, for the defendant-appellee.

Before: Stephen Reinhardt, A. Wallace Tashima and Marsha S. Berzon, Circuit Judges.

Argued and Submitted April 11, 2001 — San Francisco, California.


BERZON, Circuit Judge:

Penny Bachelder1 claims that her employer, America West Airlines, violated the Family and Medical Leave Act of 1993 ("FMLA" or "the Act") when it terminated her in 1996 for poor attendance. The district court granted partial summary judgment to America West, holding that Bachelder was not entitled to the Act's protection...

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