Judge Wants Kmart Case Tossed To State Court

Law360, New York (April 30, 2007, 12:00 AM EDT) -- Kmart Corp. has until Thursday to file an objection to a U.S. Magistrate Judge’s recommendation that an age discrimination case the company is facing should be sent back to state court.

The suit was brought by seven former full-time hourly employees of the Kmart store in Elkins, W.Va. who allege the company fired them during a workforce reduction because they were 40 or older.

Kmart, which is a subsidiary of Illinois-based Sears Holdings Corp., removed the case to the U.S. District Court for the Northern District...
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