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SOMMER v. THE VANGUARD GROUP

No. 05-4034.

461 F.3d 397 (2006)

Robert SOMMER, on Behalf of Himself and all Similarly-Situated Employees, v. THE VANGUARD GROUP; John Does 1-10, Fictitious Individuals and Entities Robert Sommer, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 24, 2006.

Attorney(s) appearing for the Case

William B. Hildebrand, Esq. (Argued), Law Offices of William B. Hildebrand LLC, Cherry Hill, NJ, for Appellant.

Joseph J. Costello, Esq. (Argued), Pam R. Jenoff, Esq., Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Appellee.

Before SMITH, ALDISERT and ROTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by Robert Sommer, a former employee of The Vanguard Group, Inc., presents a question of first impression regarding the construction of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § § 2601-2654, and the corresponding Department of Labor ("DOL") regulations. We must decide whether Vanguard illegally interfered with Sommer's FMLA rights when, upon his return from approximately eight...

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