United States v. Robert L. Shepherd

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2858
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Brenda Cannaliato, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Smith Chevrolet-Oldsmobile-Cadillac * Western District of Arkansas.
Company, *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 7, 2002
Filed: March 13, 2002
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Before LOKEN, BEAM, and RILEY, Circuit Judges.
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PER CURIAM.
Brenda Cannaliato appeals from the district court’s adverse grant of summary
judgment in her action against Smith Chevrolet-Oldsmobile-Cadillac Company, her
former employer. Having reviewed the record, including the deposition transcripts,
de novo, see Spangler v. Fed. Home Loan Bank, 278 F.3d 847, 850 (8th Cir. 2002),
we believe that the principal witnesses’ descriptions of events surrounding
Cannaliato’s request for medical leave differ materially, and therefore there are
enough disputed facts to proceed to trial.

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Accordingly, we reverse on the Family and Medical Leave Act claim, and
remand for further proceedings. We affirm the grant of summary judgment on the
remaining claims as Cannaliato did not address them on appeal. See 8th Cir. R. 47B;
United States v. Gonzales, 90 F.3d 1363, 1369-70 (8th Cir. 1996).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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