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COBB v. CONTRACT TRANSPORT, INC.

No. 05-6196.

452 F.3d 543 (2006)

Ronald COBB, Plaintiff-Appellant, v. CONTRACT TRANSPORT, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2006.

Attorney(s) appearing for the Case

ARGUED: David R. Marshall, Lexington, Kentucky, for Appellant. Scott J. Beattie, Peddicord, Wharton, Spencer & Hook, Des Moines, Iowa, for Appellee. ON BRIEF: David R. Marshall, Lexington, Kentucky, for Appellant. Scott J. Beattie, Peddicord, Wharton, Spencer & Hook, Des Moines, Iowa, for Appellee.

Before: MOORE, COLE, and CLAY, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiff, Ronald Cobb, appeals a July 13, 2005 final judgment of the United States District Court for the Eastern District of Kentucky, granting Defendant, Contract Transport, Inc.'s, motion for summary judgment and dismissing Plaintiff's action brought pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-54. The district court dismissed Plaintiff's action on the ground that Plaintiff was not an...

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