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ZWYGART v. BD. OF COUNTY COM'RS OF JEFFERSON CNTY.

No. 06-3084.

483 F.3d 1086 (2007)

Lynn R. ZWYGART, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, KANSAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 24, 2007.

Attorney(s) appearing for the Case

Alan V. Johnson, Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., Topeka, KS, for Plaintiff-Appellant.

Carolyn L. Matthews (James D. Oliver, with her on the brief), Foulston Siefkin LLP, Wichita, KS, for Defendant-Appellee.

Before KELLY, McCONNELL, and HOLMES, Circuit Judges.

McCONNELL, Circuit Judge.

In 2002, the Jefferson County Road Department fired Lynn Zwygart from his position as a truck driver after twelve years of attendance-related problems. He was subsequently reinstated after signing a contract that expressly acknowledged the County's right to fire him for taking unpaid leave. In 2003, the County exercised its contractual right and fired Mr. Zwygart because he failed to accrue sufficient paid leave, beyond the twelve weeks of...

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