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DEFREITAS v. HORIZON INV. MANAGEMENT CORP.

No. 08-4034.

577 F.3d 1151 (2009)

Nydia DEFREITAS, Plaintiff-Appellant, v. HORIZON INVESTMENT MANAGEMENT CORP.; James Terry, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 14, 2009.

Attorney(s) appearing for the Case

Bruce M. Franson (Robert H. Wilde with him on the briefs), of Robert H. Wilde, Attorney at Law, P.C., Midvale, UT, for Plaintiff-Appellant.

Lisa Marcy McGarry (Lincoln W. Hobbs with her on the brief), of Hobbs & Olson, L.C., Salt Lake City, UT, for Defendants-Appellees.

Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

HARTZ, Circuit Judge.

James Terry, the president of Horizon Investment and Management Corporation, fired Nydia DeFreitas while she was on a leave of absence to recover from a hysterectomy. She sued Horizon and Mr. Terry in the United States District Court for the District of Utah, claiming (1) that the firing interfered with her rights under the Family and Medical Leave Act of 1993 (FMLA), 5 U.S.C. §§ 6381-6387, 29 U.S.C. §§ 2601-2654; (2) that...

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