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LUBKE v. CITY OF ARLINGTON

No. 04-11213.

455 F.3d 489 (2006)

Kim W. LUBKE, Plaintiff-Appellee, v. CITY OF ARLINGTON, et al., Defendants, City of Arlington, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 30, 2006.

Attorney(s) appearing for the Case

Roger L. Hurlbut (argued), Law Offices of Robert Hurlbut, Arlington, TX, for Lubke.

Bryan Patrick Neal, Thompson & Knight, Dallas, TX, Frank Waite, Asst. City Atty., Arlington, TX, for City of Arlington.

Before JONES, Chief Judge, and DEMOSS and CLEMENT, Circuit Judges.

EDITH H. JONES, Chief Judge:

What began as a routine disciplinary effort to ensure work attendance during the run-up to "Y2K" ended in the discharge of a 22-year veteran of the City of Arlington, Texas, Fire Department. He filed suit challenging the discharge, inter alia, as a violation of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq. ("FMLA"). The City now appeals from a substantial adverse jury award. We AFFIRM...

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