Court revives suit, says Sears boss can be deposed

DETROIT -- An appeals court says the head of Sears Holdings must give a deposition in a lawsuit filed by a former Kmart employee who says he was the victim of age discrimination.

Sears is based in Hoffman Estates.

David Marsico says he had a conversation with Edward Lampert in 2003 after Kmart emerged from bankruptcy. He says the new Kmart chairman told him, "You've been around here a long time."

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

Marsico's lawsuit was dismissed by a federal judge in Detroit in 2007. But an appeals court revived the case Thursday.

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

Kmart is part of Sears Holdings Corp.