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SAENZ v. HARLINGEN MEDICAL CENTER, L.P.

No. 09-40887.

613 F.3d 576 (2010)

Shauna J. SAENZ, Plaintiff-Appellant, v. HARLINGEN MEDICAL CENTER, L.P.; Medcath Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 2, 2010.

Attorney(s) appearing for the Case

Mark Anthony Acuna (argued), Robert Chris Pittard, Davis Law Firm, San Antonio, TX, for Plaintiff-Appellant.

Jeffrey D. Roerig (argued), Roerig, Oliveira & Fisher, Brownsville, TX, for Defendants-Appellees.

Before DeMOSS, ELROD and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Appellant Shauna Saenz ("Saenz") appeals the district court's grant of summary judgment on her Family Medical Leave Act ("FMLA") claims against Harlingen Medical Center ("Harlingen"). Saenz contends that the district court erred when it granted summary judgment on the grounds that Saenz failed to comply with Harlingen's in-house FMLA notice procedure. Although this is a close question, we agree that the district court erred when it held Saenz...

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