United States v. Solorio-Menera

1 The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2604
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William Robert Gibson, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Western
* District of Missouri.
Premium Standard Farms, Inc., *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 5, 2004
Filed: March 25, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
William Robert Gibson appeals from the district court’s1 adverse grant of
summary judgment in his Age Discrimination in Employment Act lawsuit. Upon our
careful de novo review of the admissible evidence, we conclude summary judgment
was proper because Gibson failed to submit evidence that Premium Standard Farm’s
(PSF’s) stated reason for his termination--violation of PSF’s policy against intentional

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animal abuse--was a pretext for age discrimination. See Winkle v. S.W. Bell Tel. Co.,
195 F.3d 418, 420 (8th Cir. 1999) (standard of review; burden-shifting analysis).
We also conclude Gibson’s service-letter claim fails because he did not adduce
evidence that PSF’s stated reason for firing him was false. See Mo. Rev. Stat.
§ 290.140 (2000); Stark v. Am. Bakeries Co., 647 S.W.2d 119, 124 n.5 (Mo. 1983)
(en banc).
Accordingly, we affirm.
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