081766P.pdf   01/29/2009  Jean King  v.  United States
   U.S. Court of Appeals Case No:  08-1766
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Gruender, Author, with Beam and Shepherd, Circuit Judges]
   Civil case - employment discrimination. Three of the four statements
   plaintiff alleged showed discriminatory animus did not relate to the hiring
   committee's selection process, and the district court did not err in
   determining they were not direct evidence of age discrimination;
   however, the court failed to make factual findings regarding a fourth
   statement, and the matter must be remanded to the district court to permit
   it to make fact findings on the statement; concerning the indirect evidence
   of age discrimination, substantial evidence supported the district court's
   finding that even if plaintiff made a prima facie case of age
   discrimination, defendant articulated non-discriminatory reasons for its
   hiring decision which plaintiff failed to show was a pretext for age
   discrimination.