031498P.pdf   06/04/2004  Evalee Younts  v.  Fremont Cty.
   U.S. Court of Appeals Case No:  03-1498
   Southern District of Iowa   
   Civil case - Employment Discrimination. Because there was no 
   suggestion of death or a motion for substitution for plaintiff Younts, a 
   deceased party, she was not a proper party on appeal, and the court could 
   not address the issues raised on her behalf; her claims are remanded to the 
   district court with directions to dismiss the claims if a formal suggestion 
   of death and motion for substitution under Rule 25 are not filed promptly 
   with the district court; with respect to the equal pay claims of plaintiff 
   Rasmussen, she failed to establish that the position she sought to compare 
   her job to was substantially equal to her position, and the district court 
   did not err in granting the defendant summary judgment on this part of 
   her equal pay claim; however, the district court did not address her claim 
   that she was denied certain benefits when she took over the position used 
   for comparison purposes, and this portion of the claim is remanded for 
   further consideration; plaintiff Grier also failed to establish the position 
   she sought to compare her job to was substantially equal, and the district 
   court did not err in granting the employer summary judgment on Grier's 
   equal pay claim; Rasmussen's failure-to-promote claim failed as she did 
   not establish she was qualified for the position or that she was similarly 
   situated to the chosen candidate. 
   [PUBLISHED] [Riley, Author, with Hanson and Melloy, Circuit Judges]