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JORDAN v. U.S. POSTAL SERVICE

No. 02-5196.

379 F.3d 1196 (2004)

Charles S. JORDAN, Jr., Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, John E. Potter, Postmaster, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 20, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:* Jean Walpole Coulter of Jean Walpole Coulter and Associates, Inc., Tulsa, OK, and Brian A. Curthoys, Tulsa, OK, for Plaintiff-Appellant.

David I. O'Meilia, United States Attorney; Loretta F. Radford, Assistant U.S. Attorney, U.S. Department of Justice, Tulsa OK; and Eric J. Scharf, Managing Counsel, and Stephan J. Boardman, Counsel of Record, United States Postal Service, Washington, D.C., for Defendant-Appellee.

Before SEYMOUR, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

Appellant Mr. Jordan appeals from a judgment granted in favor of Appellee United States Postal Service on his claim pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 791-793. He also appeals from the district court's ruling that although Appellee violated the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601-2654, Appellant "has no grounds for relief under the FMLA because...

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