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Brenda CANNALIATO, Appellant, v. SMITH CHEVROLET-OLDSMOBILE-CADILLAC COMPANY, Appellee

United States Court of Appeals for the Eighth Circuit2002-03-13No. No. 01-2858
30 F. App'x 673

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Opinion

majority opinion

PER CURIAM.

Brenda Cannaliato appeals from the district court’s adverse grant of summary judgment in her action against Smith Chevrolet-Oldsmobile-Cadillae 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.

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).