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McCLELLAND v. HERLITZ, INC.

Civ. A. No. CA3-87-1836-D.

704 F.Supp. 749 (1989)

Kevin McCLELLAND, Plaintiff, v. HERLITZ, INC., Defendant.

United States District Court, N.D. Texas, Dallas Division.

February 9, 1989.

Attorney(s) appearing for the Case

Noemi A. Collie of Law Offices of Frank P. Hernandez, Dallas, Tex., for plaintiff.

James C. Karger and Douglas K. Magary of James C. Karger & Associates, P.C., for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

Defendant moves to dismiss plaintiff's amended complaint on the ground that it pleads a 42 U.S.C. § 1981 claim that is time-barred. Defendant contends the amendment cannot relate back as permitted by Fed.R.Civ.P. 15(c) because the underlying Title VII suit is also untimely. The court concludes that the Title VII action is not time-barred and denies the motion to dismiss.

I.

Plaintiff...

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