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PHARAKHONE v. NISSAN NORTH AMERICA, INC.

No. 01-5955.

324 F.3d 405 (2003)

Viengsamon PHARAKHONE, Plaintiff-Appellant, v. NISSAN NORTH AMERICA, INC., and Rodney Baggett, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 2, 2003.

Attorney(s) appearing for the Case

Joseph Howell Johnston (argued and briefed), Nashville, TN, Wade Bonham Cowan (briefed), Nashville, TN, for Plaintiff-Appellant.

Larry G. Trail (briefed), Trail & Trail, Murfreesboro, TN, Jonathan R. Mook (argued and briefed), DiMuro, Ginsberg & Mook, Alexandria, VA, for Defendants-Appellees.

Before NELSON, COLE, and GILMAN, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

This is an appeal from an order granting summary judgment to the defendants on a claim that the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq. ("FMLA"), was violated when the plaintiff was discharged upon his return from FMLA leave. The plaintiff argues that there are genuine issues of material fact that should have precluded the entry of summary judgment. Concluding that the factual disputes...

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