WELCH v. LIBERTY MACH. WORKS, INC.

No. 93-2670.

23 F.3d 1403 (1994)

Richard L. WELCH, Appellant, v. LIBERTY MACHINE WORKS, INC., a Missouri Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 6, 1994.


Attorney(s) appearing for the Case

David M. Heimos, St. Louis, MO, argued, for appellant.

Henry F. Luepke, St. Louis, MO, argued (Michael A. Fisher and Henry F. Luepke, on the brief), for appellee.

Before BEAM, Circuit Judge, MORRIS SHEPPARD ARNOLD, Circuit Judge, and STROM, Chief District Judge.


BEAM, Circuit Judge.

This case is one of first impression for this circuit and requires us to determine whether after-acquired evidence of an employee's misrepresentation on a job application bars recovery for discriminatory discharge. We find that it does, but that the district court improperly granted defendant's motion for summary judgment. We therefore reverse and remand to the district court.

On November 1, 1990, Liberty Machine Works, Inc. (Liberty)...

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