FARRELL v. AUTOMOBILE CLUB OF MICHIGAN

No. 88-1042.

870 F.2d 1129 (1989)

Keith FARRELL, William Murray and Richard Richardson, Plaintiffs-Appellants, v. AUTOMOBILE CLUB OF MICHIGAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 28, 1989.


Attorney(s) appearing for the Case

Gary A. Colbert (argued), Southfield, Mich., for plaintiffs-appellants.

Gary R. Chopp, William G. Jamieson (argued), Southfield, Mich., Michael B. Haber, Dearborn, Mich., for defendant-appellee.

Before MERRITT and GUY, Circuit Judges; and JOHNSTONE, District Judge.


MERRITT, Circuit Judge.

The issue in this ERISA and state age discrimination case is whether the District Court properly dismissed plaintiffs' ERISA claim as time barred on the grounds that (1) the plaintiffs had actual knowledge of the ERISA violation more than three years before the action was filed and (2) that the plaintiffs' previous filing of the action in the Michigan state court did not toll the applicable statute of limitations because the Michigan state...

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