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041354P.pdf   02/16/2005  Charles A. McBurney  v.  Stew Hansen's Dodge
   U.S. Court of Appeals Case No:  04-1354
   Dodge.   
   Southern District of Iowa 
   Civil Case - FMLA. Summary judgment to employer is affirmed. 
   Claim of front pay damages is waived, as it was presented for first time 
   on appeal. Assignment following FMLA leave from night services 
   manager to quality control supervisor resulted in same pay and benefits 
   and thus employee failed to show damages. Retaliation claim failed 
   because reassignment from quality control supervisor to service advisor 
   was not causally related to FMLA leave. Dissent by Judge Lay. 
   [PUBLISHED] [Smith, Author, with Lay and Benton, Circuit Judge]