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RICCO v. POTTER

No. 03-3294.

377 F.3d 599 (2004)

Doreen RICCO, Plaintiff-Appellant, v. John E. POTTER, Postmaster General, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 27, 2004.

Attorney(s) appearing for the Case

Richard C. Haber (briefed), Jonathan T. Hyman (argued and briefed), Reminger & Reminger Co., Cleveland, OH, for Plaintiff-Appellant.

Annette G. Butler (argued and briefed), Asst. U.S. Attorney, Cleveland, OH, for Defendant-Appellee.

Before: MERRITT and MOORE, Circuit Judges; DUGGAN, District Judge.

MOORE, J., delivered the opinion of the court, in which DUGGAN, D.J., joined. MERRITT, J. (p. 606), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This appeal from the dismissal of a claim under the Family and Medical Leave Act of 1993 ("FMLA") raises an important issue of statutory construction. Specifically, this appeal requires us to interpret the phrase "hours of service" as it is used in the FMLA. We hold...

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