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McBURNEY v. STEW HANSEN'S DODGE CITY, INC.

No. 04-1354.

398 F.3d 998 (2005)

Charles A. McBURNEY, Appellant, v. STEW HANSEN'S DODGE CITY, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2005.

Attorney(s) appearing for the Case

Kevin M. Kirlin, argued, West Des Moines, IA, for appellant.

Joseph M. Barron, argued, Des Moines, IA (Scott J. Beattie on the brief), for appellee.

Before SMITH, LAY, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Charles A. McBurney filed suit against Stew Hansen's Dodge City, Inc., (Stew Hansen's) alleging a violation of the Family and Medical Leave Act of 1991 (FMLA), 29 U.S.C. § 2601 et seq. The district court1 granted summary judgment in favor of Stew Hansen's and McBurney appealed. We affirm.

I. Background

In May 1998, Stew Hansen's hired...

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