Nos. 94-5850, 94-6049, 94-6050 and 94-6235.

80 F.3d 1086 (1996)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, Cross-Appellant (94-6049), v. KENTUCKY STATE POLICE DEPARTMENT, Kentucky Secretary of Justice, Commissioner of Kentucky State Police Department, Defendants-Appellants (94-5850), Cross-Appellees, Commonwealth of Kentucky, Defendant-Appellee, Board of Trustees of Kentucky Retirement Systems, Defendants Third Party, Plaintiffs-Appellees, George E. Arflack, et al., Third Party Defendants-Appellees, Harold Kinman, Gilbert Baxter, Louise Bailey, Estate of Troy Bailey, Third Party Defendants-Appellants (94-6235), Tyndale Brown, Appellant (94-6050).

United States Court of Appeals, Sixth Circuit.

Decided April 1, 1996.

Attorney(s) appearing for the Case

Philip B. Sklover, Johnny J. Butler, E.E.O.C., Washington, DC, George C. Bradley, Joseph Ray Terry, Terry Beck, E.E.O.C., Memphis, TN, and Mary L. Clark (argued and briefed), Office of Gen. Counsel, Washington, DC, for E.E.O.C.

Gary R. Hillerich (argued and briefed), Louisville, KY, and Frank E. Haddad, Jr., Louisville, KY, for Kentucky State Police Dept., Kentucky Secretary of Justice, and Com'r of Kentucky State Police Dept.

William B. Pettus, Asst. Atty. Gen., Frankfort, KY, for the Com. of Kentucky.

Robert W. Kellerman (briefed), and William E. Johnson, Stoll, Keenon & Park, for Bd. of Trustees of Kentucky Retirement Systems.

William Henry Van Herp (briefed), Van Herp & Howell, Covington, KY, for Arthur Emmons, Harold Kinman, Gilbert Baxter, Louise Bailey, James Powell and Samuel E. King.

Christopher M. Hill (briefed), William D. Kirkland, and Sarah M. Jackson, McBrayer, McGinnis, Leslie & Kirkland, Frankfort, KY, for James B. Jones, Virgil K. Miller, Leo Reynolds, Algin Roberts, Winston Kuykendall, Edward L. Wright and Paul M. Smith.

David Van Horn (briefed), Lexington, KY, for Erma Jean Laferty, John Miller and Kenneth D. Russell.

James M. Baker (briefed), Frankfort, KY, for Gail McCarty, James Henry Mayes Rose V. Mayes and William Starks.

George F. Rabe (briefed), Lexington, KY, for Willian G. Mullins.

Dave Whalin (briefed), Landrum & Shouse, Louisville, KY, for Bettye A. Sherrard.

George F. Rabe (briefed), Lexington, KY, for William G. Mullins.

Catesby Woodford, Miller, Griffin & Marks, Lexington, KY, and James E. Baker, Frankfort, KY, for Gail McCarty.

Richard Clay (briefed), Clay & Clay, Danville, KY, for Tyndale Brown.

Before: ENGEL, KENNEDY, and SUHRHEINRICH, Circuit Judges.

KENNEDY, Circuit Judge.

This case presents cross appeals from the District Court's judgment awarding relief to Kentucky state troopers mandatorily retired at age fifty-five under KY.REV.STAT. ANN. § 16.505(15) (Baldwin 1994). The Kentucky State Police Department ("KSP") contends that the District Court erred by tolling the statute of limitations for state troopers retired before October 19, 1981 and by excluding two memos that it claims gave troopers constructive notice of their rights under the Age Discrimination in Employment Act of 1967 ("ADEA"); it also asserts that the District Court erred in calculating back pay and other relief for the mandatorily retired officers. In its cross appeal, the Equal Employment Opportunity Commission ("EEOC") contends that the District Court erred when it refused to toll the statute of limitations for employees retired between April 6, 1978 and January 1, 1979; when it denied EEOC's motion to amend the names of troopers not included in the original complaint; and when it refused to award prejudgment interest for the entire back-pay period. For the following reasons, we shall affirm in part and reverse in part.


EEOC sued KSP and other defendants on August 29, 1984, a


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