MARSH V. COLEMAN COMPANY 774 F.Supp. 608 (D. Kan. 1991) CASE BRIEF

MARSH V. COLEMAN COMPANY

774 F.Supp. 608 (D. Kan. 1991)

NATURE OF THE CASE: This was a motion to amend a complaint alleging age discrimination. The statute of limitations had already passed with Marsh (P) wanting to add a claim for fraud.

FACTS: P had worked for Coleman (D) for 28 years starting in 1960 as an industrial engineer. In 1985, D became the director of manufacturing for the Mobile Home Division. At that time, P was assured by superiors that the creation of new divisions would not jeopardize the employees of the Mobile Home Division. P was assured that there would always be a position for him at D. In the beginning of the new year in 1988, P was told by his Department Head that he was out the door because of two divisions combining. P filed suit on January 19, 1990 alleging that his termination was a breach of contract and a violation of the federal Age Discrimination and Employment Act. P sought to amend his complaint to add an action for fraud on November 5, 1990 based on the misrepresentations made by his superiors in 1985. D argued that an action for fraud was time barred by the two year Kansas statute of limitations. P contends that the fraud claim should relate back under Rule 15(c).

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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