MARSHALL v. KIMBERLY-CLARK CORP.

No. 78-2245.

625 F.2d 1300 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, (Equal Employment Opportunity Commission substituted in the place and stead of F. Ray Marshall, Secretary, etc.), Plaintiff-Appellant, v. KIMBERLY-CLARK CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1980.


Attorney(s) appearing for the Case

Donald S. Shire, Associate Sol., Kerry L. Adams, Atty., U. S. Dept. of Labor, Washington, D. C., Beatrice Rosenberg, Asst. Gen. Counsel, EEOC, Washington, D. C., for plaintiff-appellant.

Stephen Sussman, J. Leonard Samansky, Irving D. Lipkowitz, New York City, for defendant-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Plaintiff-appellant appeals the granting of a motion for summary judgment dismissing the claim as barred by the statute of limitations. The district court held that the plaintiff failed to comply with 29 U.S.C. § 626(e) which requires that suit be brought within the three year limit set by 29 U.S.C. § 255. Finding that a dispute exists as to a material fact we reverse and remand.

On February 12, 1973, Harold Sturm was notified...

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