101037P.pdf   05/02/2011  Eddy Clark  v.  Matthews International Corp.
   U.S. Court of Appeals Case No:  10-1037
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Colloton,
   Circuit Judge]
   Civil case - Employment discrimination. For the court's earlier opinion
   in the case see Clark v. Matthews Int'l Corp. 628 F.3d 462 (8th Cir. 2010).
   Matthews's petition for panel rehearing is granted, and that portion of the
   court's opinion which disposed of plaintiff's Missouri Human Rights Act
   is vacated, and the district court's grant of summary judgment in favor of
   defendant on plaintiff's MHRA claim is reversed and remanded for further
   proceedings. Judge Colloton, dissenting.
  
101037P.pdf   12/27/2010  Eddy Clark  v.  Matthews International Corp.
   U.S. Court of Appeals Case No:  10-1037
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Riley, Melloy and Colloton,
   Circuit Judges]
   Civil case - employment discrimination. Plaintiff failed to establish that
   defendant's RIF disparately impacted employees forty and over as
   analysis of the proper pool of employees showed the impact was only in
   the 4-5% range and such an impact is not sufficiently substantial to create
   an inference that plaintiff and the other terminated employees were
   terminated because of their age; plaintiff's disparate treatment claim
   failed as he did not establish that his age was the "but-for"cause of the
   employment decisions; the court cannot determine how Missouri courts
   would apply the fairly recent "contributing factor" standard to plaintiff's
   Missouri Human Rights Act, and that claim should be dismissed without
   prejudice.