081036P.pdf   09/14/2009  Kathy Baker  v.  Silver Oak Senior Living Manag
   U.S. Court of Appeals Case No:  08-1036
   U.S. District Court for the Western District of Missouri - Joplin   
   [PUBLISHED] [Colloton, Author, with Bowman and Riley, Circuit Judges]
   Civil case - employment discrimination. The district court erred in
   granting the employer's motion for summary judgment on plaintiff's
   claim that she was terminated in violation of the Age Discrimination in
   Employment Act, as plaintiff's evidence was sufficient to create a
   submissible case of age discrimination; similarly, plaintiff's evidence was
   sufficient to create a question under the Missouri Human Rights Act as to
   whether plaintiff's age was a contributing factor in her termination, and
   the district court erred in granting the employer summary judgment on
   this claim; district court erred in striking plaintiff's affidavit submitted 
   in support of her claim that she was terminated in retaliation for opposing
   age discrimination against other employees; considering the affidavit,
   there was sufficient evidence for a jury to find that plaintiff engaged in
   protected activity under the ADEA and MHRA, and it was error to grant
   the employer's motion for summary judgment on plaintiff's retaliation
   claim.