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No. 7202976
United States Court of Appeals for the Ninth Circuit
Allen v. Boeing Co.
No. 7202976 · Decided December 27, 2001
No. 7202976·Ninth Circuit · 2001·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 27, 2001
Citation
No. 7202976
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Larry Dale Allen appeals the district court’s summary judgment in favor of Boeing Company in his wrongful discharge action pursuant to the Family and Medical Leave Act, (“FMLA”), 29 U.S.C. § 2617 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998), and we affirm. The district court properly granted summary judgment in favor of Boeing. Allen may not assert FMLA protections for his absence from work because Allen did not timely notify his employer that his absence from work was due to a bout of the gout. See 29 C.F.R. § 825.208 (e)(1); Rowe v. Laidlaw Transit, Inc., 244 F.3d 1115, 1118 (9th Cir.2001). AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM ** Larry Dale Allen appeals the district court’s summary judgment in favor of Boeing Company in his wrongful discharge action pursuant to the Family and Medical Leave Act, (“FMLA”), 29 U.S.C.
Key Points
01MEMORANDUM ** Larry Dale Allen appeals the district court’s summary judgment in favor of Boeing Company in his wrongful discharge action pursuant to the Family and Medical Leave Act, (“FMLA”), 29 U.S.C.
02We review de novo the district court’s summary judgment, Margolis v.
03The district court properly granted summary judgment in favor of Boeing.
04Allen may not assert FMLA protections for his absence from work because Allen did not timely notify his employer that his absence from work was due to a bout of the gout.
Frequently Asked Questions
MEMORANDUM ** Larry Dale Allen appeals the district court’s summary judgment in favor of Boeing Company in his wrongful discharge action pursuant to the Family and Medical Leave Act, (“FMLA”), 29 U.S.C.
FlawCheck shows no negative treatment for Allen v. Boeing Co. in the current circuit citation data.
This case was decided on December 27, 2001.
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