UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2354
DAVID BROOKSHIRE,
Plaintiff - Appellant,
versus
C.F. SAUER COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Terry L. Wooten, District Judge.
(CA-01-3833)
Submitted: May 8, 2003 Decided: May 27, 2003
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John P. Mann, Jr., MANN LAW FIRM, L.L.C., Greenville, South
Carolina, for Appellant. Douglas M. Nabhan, WILLIAMS MULLEN,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David Brookshire appeals the district court’s order, accepting
the recommendation of the magistrate judge, and granting summary
judgment to C.F. Sauer Company in his Family Medical Leave Act
(“FMLA”) action. We have reviewed the record and find no reversible
error. Accordingly, we affirm on the reasoning of the district
court. See Brookshire v. C.F. Sauer Co., No. CA-01-3833 (D.S.C.
Oct. 24, 2002). To the extent that Brookshire alleges on appeal
that he qualified for FMLA leave on the grounds of a “chronic
serious health condition” under 29 C.F.R. § 825.114(a)(2)(iii)
(2003), we decline to consider the argument because he failed to
raise this issue in opposition to Sauer’s motion for summary
judgment. “‘If a party fails to assert a legal reason why summary
judgment should not be granted, that ground is waived and cannot be
considered or raised on appeal.’” Grenier v. Cyanamid Plastics,
Inc., 70 F.3d 667, 678 (1st Cir. 1995) (quoting Vaughner v. Pulito,
804 F.2d 873, 877 n.2 (5th Cir. 1986)). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
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