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HACKWORTH v. PROGRESSIVE CASUALTY INS. CO.

No. 05-6198.

468 F.3d 722 (2006)

Kelly HACKWORTH, Plaintiff-Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, an Ohio corporation; Jerry Johnson, individually, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 14, 2006.

Attorney(s) appearing for the Case

Scott F. Brockman, (Stanley M. Ward and Woodrow K. Glass, on the briefs), Norman, OK, for Plaintiff-Appellant.

Brad Leslie Roberson, (Gerard F. Pignato and R. Thompson Cooper, on the brief), Pignato & Cooper, P.C., Oklahoma City, OK, for Defendants-Appellees.

Before KELLY, HOLLOWAY, and McCONNELL, Circuit Judges.

KELLY, Circuit Judge.

Plaintiff-Appellant Kelly Hackworth appeals from the district court's grant of summary judgment in favor of Defendants-Appellees Progressive Casualty Insurance Company and Jerry Johnson (collectively "Progressive") on her claim for damages pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-2654. Ms. Hackworth challenges deference to a Department of Labor ("DOL") regulation defining the term "within 75 miles" located...

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