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SORRELL v. RINKER MATERIALS CORP.

No. 03-4359, 03-4443.

395 F.3d 332 (2005)

Charles S. SORRELL, Plaintiff-Appellant/Cross-Appellee, v. RINKER MATERIALS CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Jill A. May, Coolidge, Wall, Womsley & Lombard, Dayton, Ohio, for Appellant. Joseph P. Shelton, Fisher & Phillips, Atlanta, Georgia, for Appellee. ON BRIEF: James E. Swaim, Flanagan, Lieberman, Hoffman & Swaim, Dayton, Ohio, for Appellant. Joseph P. Shelton, Robert P. Foster, Fisher & Phillips, Atlanta, Georgia, Paul G. Hallinan, Robin D. Ryan, Porter, Wright, Morris & Arthur, Dayton, Ohio, for Appellee.

Before: MARTIN and MOORE, Circuit Judges; BUNNING, District Judge.

MARTIN, Circuit Judge.

In this case brought pursuant to the Family and Medical Leave Act, 29 U.S.C. § 2601, et seq., plaintiff Charles S. Sorrell appeals, and defendant Rinker Materials Corporation cross-appeals, the district court's award of summary judgment in favor of Rinker. For the reasons that follow, we VACATE the district court's judgment and REMAND for further proceedings.

I.

Charles Sorrell began working for a predecessor of Rinker...

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