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NICHOLS v. ASHLAND HOSPITAL CORP.

Nos. 00-1827, 00-1832.

251 F.3d 496 (2001)

Delores Nichols, Plaintiff-Appellee, v. Ashland Hospital Corporation, d/b/a King's Daughters' Medical Center, Defendant-Appellant, and Fred L. Jackson, Defendant. Delores Nichols, Plaintiff-Appellant, v. Ashland Hospital Corporation, d/b/a King's Daughters' Medical Center, Defendant-Appellee, and Fred L. Jackson, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 25, 2001

Attorney(s) appearing for the Case

ARGUED: Carl D. Edwards, Jr., Vanantwerp, Monge, Jones & Edwards, Ashland, KY, for Appellant.

John Allen Kessler, St. Albans, WV, for Appellee.

ON BRIEF: Raymond C. Haley, Woodward, Hobson & Fulton, L.L.P., Louisville, KY; Thomas J. Obrokta, Jr., Jenkins, Fenstermaker, P.L.L.C., Huntington, WV, for Appellant.

Timothy R. Murphy, Charleston, Jeffrey T. Jones, Law Offices of Jeffrey T. Jones, P.L.L.C., Charleston, WV, for Appellee.

Before LUTTIG and TRAXLER, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

Appellee Delores Nichols ("Nichols") brought this action against her former employer, appellant Ashland Hospital Corporation ("Ashland"), alleging violations of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2611 et seq., and the Kentucky Civil Rights Act, Ky. Rev. Stat. Ann. § 344 et seq. Ashland appeals the district court's denial of its motion for a new trial on the FMLA claim, for which the...

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