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HARBERT v. HEALTHCARE SERVICES GROUP, INC.

No. 03-1156.

391 F.3d 1140 (2004)

Nancy E. HARBERT, Plaintiff-Appellee, v. HEALTHCARE SERVICES GROUP, INC., a Pennsylvania corporation, Defendant-Appellant. Elaine Chao, Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 13, 2004.

Attorney(s) appearing for the Case

Jeffrey L. Braff, Cozen O'Connor, Philadelphia, PA, for Defendant-Appellant.

Clifford L. Beem, Clifford Beem & Associates, P.C., Denver, CO (A. Mark Isley, Clifford Beem & Associates, P.C., Denver, CO, with him on the brief), for Plaintiff-Appellee.

Roger Wilkinson, Attorney, United States Department of Labor, Washington, DC (Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, and Anne P. Fugett, Senior Attorney, United States Department of Labor, Washington, DC, with him on the brief), for Amicus Curiae.

Before EBEL, KELLY, and McCONNELL, Circuit Judges.

EBEL, Circuit Judge.

Nancy Harbert ("Plaintiff") brought this action against her former employer, Healthcare Services Group, Inc. ("Defendant"), alleging that Defendant wrongfully denied her request for medical leave under the Family and Medical Leave Act ("FMLA"). Defendant had denied her request based on a provision of the FMLA which excludes from FMLA eligibility any employee who is employed at a particular "worksite" if the employer employs less than 50 employees...

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