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SEEGER v. CINCINNATI BELL TELEPHONE CO., LLC

No. 10-6148.

681 F.3d 274 (2012)

Tom SEEGER, Plaintiff-Appellant, v. CINCINNATI BELL TELEPHONE COMPANY, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2012.

Attorney(s) appearing for the Case

ARGUED: Sheila M. Smith , Freking & Betz, LLC, Cincinnati, Ohio, for Appellant. Nathaniel Lampley, Jr. , Vorys, Sater, Seymour and Pease LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Sheila M. Smith , Freking & Betz, LLC, Cincinnati, Ohio, for Appellant. Nathaniel Lampley, Jr. , Vorys, Sater, Seymour and Pease LLP, Cincinnati, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which SILER, J., joined. TARNOW, D.J. (pp. 287-90), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

Plaintiff Tom Seeger appeals the district court's order granting summary judgment in favor of defendant Cincinnati Bell Telephone Co., LLC ("CBT"), and dismissing his claim that CBT violated the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-2654, when it terminated his employment on the ground of disability fraud. Seeger took FMLA leave and concurrent paid leave under CBT's own disability plan to treat...

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