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SMITH v. MIDLAND BRAKE, INC., DIV. OF ECHLIN, INC.

No. 96-3018.

138 F.3d 1304 (1998)

Robert W. SMITH, Plaintiff-Appellant, v. MIDLAND BRAKE, INC., A DIVISION OF ECHLIN, INC., Defendant-Appellee, Equal Employment Advisory Council, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 13, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Les E. Diehl, of Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Plaintiff-Appellant.

James Allan Smith, Daniel M. Shea, and Craig P. Siegenthaler, of Smith, Currie & Hancock, Atlanta, GA, and Mary Kathleen Babcock, of Foulston & Siefken Law Offices, Wichita, KS, for Defendant-Appellee.

Douglas S. McDowell, Ann Elizabeth Reesman, and Ellen Duffy McKay, of McGuiness & Williams, Washington, DC, filed an amicus curiae brief for the Equal Employment Advisory Council.

Before TACHA, BALDOCK, and BRISCOE, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff Robert Smith alleges that his former employer, defendant Midland Brake, Inc., terminated his employment in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and Kansas state law on retaliatory discharge. The district court entered summary judgment for the defendant on all claims. Plaintiff appeals the order of summary...

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