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BANKS v. CITY OF INDEPENDENCE, MO.

No. 93-2221.

21 F.3d 809 (1994)

Parley F. BANKS, Appellant, v. CITY OF INDEPENDENCE, MISSOURI; Larry Kaufman, as an Individual and as Acting City Manager, City of Independence, Missouri; William Carpenter, as an Individual and as Mayor, City of Independence, Missouri; William McDonald, as an Individual and as Councilmember, at Large, City Council, City of Independence, Missouri; Penny D. Bennett, as an Individual and as Councilmember, at Large, City Council, City of Independence, Missouri; Lyle R. Weeks, as an Individual and as Councilmember, District 1, City Council, City of Independence, Missouri; Victor E. Callahan; Robert W. Clothier, as an Individual and as Councilmember, District 3, City Council, City of Independence, Missouri; and James R. Ruhlman, as an Individual and as Councilmember, District 4, City Council, City of Independence, Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1994.

Attorney(s) appearing for the Case

Theodore C. Beckett, Kansas City, MO, argued, for appellant.

J. Randall Coffey, Kansas City, MO, argued, for appellees.

Before BOWMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Parley Banks appeals the grant of summary judgment to the city of Independence, Missouri, on his federal and state age discrimination claims. He argues that the trial court used an inappropriate test for summary judgment on claims of this kind and that the trial court failed to consider certain evidence. He also argues that the trial court improperly denied a motion for reconsideration that was based on newly discovered evidence...

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