United States Tenth Circuit

Summary judgment for an employer on petitioner's administrative complaint of wrongful discharge is reversed where an administrative review board incorrectly held that petitioner was not entitled to equitable tolling of his untimely filed federal administrative claim because his timely and completely preempted state complaint asserted a different claim.

Appellate Information

• Decided 04/28/2006
• Published 04/28/2006

Judges

• McKAY, Circuit Judge., Before HENRY, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Randall D. Huggins, Jonathan E. Shook, Shook, Huggins & Johnson, P.C., Tulsa, OK, for Petitioner., Stephen L. Andrew, D. Kevin Ikenberry, Andrew, Williams, & Ikenberry, Tulsa, OK, for Intervenor.


• For Appellees:
  
• Howard M. Radzely, Steven J. Mandel, Paul L. Frieden, Joan Brenner, United States Department of Labor, Washington, DC, for Respondent.