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HULSEY v. KMART, INC.

No. 93-5234.

43 F.3d 555 (1994)

David HULSEY, and Gary Davis, Plaintiffs-Appellants, v. KMART, INC., a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 27, 1994.

Attorney(s) appearing for the Case

Robert L. Briggs, P.C., Tulsa, OK, for plaintiffs-appellants.

Kristen L. Brightmire (Kathy R. Neal and Diana H. Clark with her on the brief), of Doerner, Stuart, Saunders, Daniel, Anderson & Biolchini, Tulsa, OK, for defendant-appellee.

Before BALDOCK and BRORBY, Circuit Judges, and KANE, District Judge.

BRORBY, Circuit Judge.

David Hulsey and Gary Davis appeal the magistrate judge's entry of summary judgment dismissing their suit for age discrimination on the ground it is time-barred. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

BACKGROUND

Mr. Hulsey began his employment with Kmart in 1972. In 1985 he was promoted to the position of store manager at Kmart's Bartlesville, Oklahoma, store. He served in that capacity until February...

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