DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

052774P.pdf   07/19/2006  David Hughes  v.  Roger D. Stottlemyre
   U.S. Court of Appeals Case No:  05-2774
   Western District of Missouri   
   [PUBLISHED] [Bye, Author, with Heaney and Colloton, Circuit Judges]
   Civil case - Civil rights. Plaintiff made a prima facie case that his
   demotion and transfer were based on his protected comments and that his
   demotion was an adverse employment action; as defendants limited their
   motion for summary judgment to challenging whether there was a prima
   facie case, the district court erred in granting summary judgment for
   the defendants based on the existence of legitimate, non-discriminatory
   grounds for discharge because defendants failed to discuss this ground in
   their motion. Judge Colloton, concurring in part, and dissenting in part.