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SULLIVAN v. DOLLAR TREE STORES, INC.

No. 08-35413.

623 F.3d 770 (2010)

Christina SULLIVAN, a single person, Plaintiff-Appellant, v. DOLLAR TREE STORES, INC., a Virginia corporation, doing business in Washington, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2010.

Attorney(s) appearing for the Case

Janet E. Taylor , Taylor Galloway, PLLC, Richland, WA, for the plaintiff-appellant.

Leslie R. Weatherhead (argued), Geana M. Van Dessel , Witherspoon, Kelley, Davenport & Toole, Spokane, WA, for the defendant-appellee.

Before: STEPHEN REINHARDT, SUSAN P. GRABER, and RICHARD A. PAEZ, Circuit Judges.

OPINION

GRABER, Circuit Judge:

When is a new employer a "successor in interest" to a former employer under the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. §§ 2601-2654? The answer matters because an employee is not eligible for the protections of the FMLA until he or she has worked for a particular employer for at least 12 months, and the term "employer" "includes ... any successor in interest of an employer." 29 U.S.C. § 2611...

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