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Court says Sears chairman can be deposed in age bias lawsuit

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New York An appeals court says Sears Holdings Corp. chairman Edward Lampert must give a deposition in a lawsuit filed by a former Kmart employee who says he was the victim of age discrimination, the Associated Press reported.

The former employee, David Marsico, says he had a conversation with Lampert in 2003 after Kmart emerged from bankruptcy. He says the new Kmart chairman told him, "You've been around here a long time." Kmart is part of Sears Holdings.

Marsico had been with the retailer for 30 years and was a senior vice president. He quit in 2005 after his responsibilities changed.

A federal judge in Detroit dismissed his lawsuit in 2007. But an appeals court revived the case Thursday.

Sears is exploring its options and said Friday that Lampert didn't make an employment decision on Marsico.

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