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WHITTINGTON v. TYSON FOODS, INC.

No. 20-3518.

21 F.4th 997 (2021)

Brandon WHITTINGTON, Plaintiff-Appellant, v. TYSON FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 29, 2021.

Attorney(s) appearing for the Case

Mary K. Paulus , Joshua Paul Wunderlich , Cornerstone Law Firm, Kansas City, MO, for Plaintiff-Appellant.

Jennifer L. Berhorst , Robert J. Hoffman , Sarah Holdmeyer , Bryan & Cave, Kansas City, MO, Barbara A. Smith , Bryan & Cave, Saint Louis, MO, for Defendant-Appellee.

Before KELLY, ERICKSON, and GRASZ, Circuit Judges.

While working at Tyson Foods, Inc. ("Tyson"), Brandon Whittington experienced severe depression and anxiety. As a result, he took intermittent leave under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2612. Tyson initially approved Whittington's intermittent leave after...

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