(DOWNLOAD) "Montgomery v. United States Postal Service" by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Montgomery v. United States Postal Service
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 17, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
GARWOOD, Circuit Judge: Plaintiff-appellant Eulas Montgomery (Montgomery) challenges the district court's dismissal of his Title VII claim alleging that the United States Postal Service (Postal Service) unlawfully terminated his employment for racial reasons. The district court found that Montgomery failed to satisfy the notice requirements of Fed.R.Civ.P. 15(c), which would allow his proffered amended complaint naming the proper party defendant -- the Postmaster General -- to relate back to the date of his original complaint filed within the statutory limitations period. We find that a fact question remains on whether the proper party defendant received actual therefore whether Montgomery's amended complaint would relate back under Rule 15(c). Accordingly, we reverse the district court's summary dismissal of the Title VII claim.
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