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CANDICE DAVIS,
Plaintiff-Appellant,
v.
MICHIGAN BELL TELEPHONE COMPANY,
Defendant-Appellee.


No. 07-1512

Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 06-10513—Sean F. Cox, District Judge.
Argued: June 3, 2008
Decided and Filed: September 29, 2008
Before: ROGERS, COOK, and McKEAGUE, Circuit Judges.

_________________________
OPINION
_________________________

ROGERS, Circuit Judge. Plaintiff Candice Davis appeals the district court’s grant of summary judgment in favor of the defendant, Michigan Bell Telephone Company, in this FMLA action. The defendant terminated Davis from her job as a customer service representative in February of 2005 because of excessive unexcused absences. Davis had sought FMLA leave with respect to those absences, but her request was denied on the ground that she had not worked enough hours in the preceding twelve months to be eligible for FMLA benefits. After being fired, Davis brought this action against the defendant, alleging that the defendant had interfered with her rights under the FMLA, retaliated against her for exercising those rights, and failed to give proper notice of ineligibility as required by the FMLA. Finding that Davis was ineligible for FMLA benefits in 2005, and that Davis could not maintain a cause of action based on improper notice of ineligibility, the district court granted summary judgment in favor of the defendant. On appeal, Davis argues that the district court erred in finding her ineligible for FMLA benefits because her eligibility from 2004 should have carried over into 2005. In the alternative, she argues that the defendant should be estopped from challenging her FMLA eligibility, and that she is entitled to recover because of the defendant’s failure to provide proper notice of ineligibility. Because these arguments are unavailing, the district court judgment is affirmed.


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MARJORIE NIXON,
Plaintiff-Appellant,
v.
WILMINGTON TRUST COMPANY, et al.,
Defendants-Appellees.


No. 07-4140

Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 06-03046—David A. Katz, District Judge.
Submitted: September 22, 2008
Decided and Filed: September 29, 2008
Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.

_________________________
OPINION
_________________________

BOYCE F. MARTIN, JR., Circuit Judge. Marjorie Nixon appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her claims for breach of fiduciary duty, breach of contract, and respondeat superior liability against Wilmington Trust. We AFFIRM.