Dickerson vs. City of Dallas, (5th Cir. 1999)

Docket Number: 98-10578

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* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10578 GLENN D. DICKERSON; TROY L. ARMSTRONG; RANDY A. HOLMES; MICHAEL R. BUEHLER; BRENT RODGERS; STEPHEN FULTZ; DOUGLAS S. MALLON; AARON DAVIS; PAUL E. OVERTON; J.B. THOMPSON; DEBORAH DUARTE; VICKIE BURNETT; DAVID DUNNAHOO; LUANNE E. MASSEY; DARRYL G. HAYES; LONNIE TUTT; LUIS ARISMENDEZ; BILLY R. BANKS; JER OME HENRY; ROBERT KEAVENEY;; G.A. McKINNEY; JOHN RODRIGUEZ; DARRELL MAXWELL; CYNTHIA MANION; LORI B. ARENT; FLETCHER DAHMAN; TOD A. GILLAM; GERALD JENSEN, JR.; CHARLES E. TAYLOR; DONALD BARTON, JR.; THOMAS A. TAYLOR, SR.; ;MICHAEL HUGHES; STEVEN WISE; JAMES GRAHAM; RICHARD SANTA CRUZ; ;MARK WILLIAMSON; JOHNNY L. RUDDER, Plaintiffs-Appellants, versus CITY OF DALLAS, TEXAS, Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas (3:96-CV-2174-T) May 18, 1999 Before REYNALDO G. GARZA, POLITZ, and BARKSDALE, Circuit Judges.

PER CURIAM: * Plaintiffs, a class of Dallas firefighters also certified as paramedics, appeal the adverse summary judgment in their action seeking overtime compensation under the Fair Labor Standards Act. For the reasons assigned, we affirm.

The facts concerning the nature of the employees§ 553.215. 3 We review de novo a grant of summary judgment. 4 Our review of the record and briefs, aided by the oral arguments of counsel, discloses no basis for reversal. We conclude that the district courtÂ’s application of section 553.215's Â“substantially relatedÂ” test to the paramed ic personnel is supported by the reference to this section in sec t ion 553.210(a)Â’s Â“integral partÂ” definition.

Accordingly, on the facts as found, the authorities cited, and analysis made by the district court in its comprehensive and thorough order granting the CityÂ’s motion for s ummary judgment and denying plaintiffsÂ’ motion for partial summary judgment signed and filed on March 24, 1998, the judgment appealed is AFFIRMED.

1 29 U.S.C. § 207(k). Rescue and ambulance service personnel are partially exempt from overtime if they § 553.215.§ 553.210(a). 2 939 F.2d 285 (5 th Cir. 1991). 3 Section 553.215, which appli es to ambulance and rescue service employees of a public agency other than a fire protection agency, allows ambulance and rescue service paramedics to be exempt from overtime pay if their services are Â“substantially relatedÂ” to firefighting in that they have received tr aining in the rescue of fire and accident victims and are Â“regularly dispatchedÂ” to fires, crime scenes, riots, natural disasters, and accidents. 4 New York Life Ins. Co. v. Travelers Ins. Co. , 92 F.3d 336 (5 th Cir. 1996)