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U.S. E.E.O.C. v. CITY OF INDEPENDENCE, MO.

Nos. 05-4489, 05-4490.

471 F.3d 891 (2006)

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, Richard Hopkins, Intervenor Plaintiff, v. CITY OF INDEPENDENCE, MISSOURI, Defendant-Appellee. AARP Foundation Litigation, Amicus Curiae on Behalf of Appellant. United States Equal Employment Opportunity Commission, Plaintiff, Richard Hopkins, Intervenor Plaintiff-Appellant, v. City of Independence, Missouri, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2006.

Attorney(s) appearing for the Case

Elizabeth Theran, Washington, D.C., argued, for Appellant EEOC, Kevin Graham, Liberty, MO, for Appellant Hopkins.

Matthew J. Gist, argued, Kansas City, MO, for Appellee.

Before WOLLMAN, BOWMAN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) and Richard W. Hopkins sued the city of Independence, Missouri, alleging constructive discharge and a violation of the Age Discrimination in Employment Act (ADEA) and Missouri Human Rights Act (MHRA). The district court granted summary judgment to the city on all counts. Having jurisdiction under 28 U.S.C. § 1291, this court reverses as to the age discrimination claim, but affirms on the...

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