Tellis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

H. CHARLES TELLIS,  No. 04-35137

Plaintiff-Appellant, v.  D.C. No.

CV-02-01407-TSZ

ALASKA AIRLINES, INC.,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Argued and Submitted June 8, 2005—Seattle, Washington

Filed July 12, 2005

Before: Procter Hug, Jr., David R. Thompson, and M. Margaret McKeown, Circuit Judges.

Opinion by Judge Thompson COUNSEL

Peter G. Cogan, Seattle, Washington, for the plaintiff- appellant.

Jeffrey A. James, Bellevue, Washington, for the defendant- appellee.

OPINION

THOMPSON, Senior Circuit Judge:

H. Charles Tellis appeals the district court’s summary judg- ment in favor of Alaska Airlines on his Family Medical Leave Act (“FMLA”) claim, 29 U.S.C. § 2601 et seq. Tellis argues he raised a genuine issue of material fact as to whether his cross-country trip to retrieve the family vehicle during his wife’s late-stage pregnancy difficulties, and his calling her on the phone during the three and a…