Kurt Chadwell v. Virgil Yanta; Virgil Yanta, Pc

*District Judge of the Eastern District of Louisiana, sitting
by designation.
**Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50827
KURT CHADWELL,
Plaintiff-Appellant,
v.
VIRGIL YANTA; VIRGIL YANTA, PC,
Defendants-Appellees.
______________________________________________
Appeal from the United States District Court for the
Western District of Texas, Waco
W-00-CV-321
October 4, 2002
Before SMITH and BENAVIDES, Circuit Judges, and ENGELHARDT*,
District Judge.
PER CURIAM:**
Plaintiff-Appellant Kurt Chadwell appeals from the dismissal
of his Fair Labor Standards Act(FLSA) claim seeking overtime
compensation from the appellees, his former employers.
Specifically, Chadwell claims that although he was hired as an

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attorney he spent 20% of his time performing sub-professional tasks
(e.g., answering his own telephone, interviewing witnesses), thus
he is not an exempt professional under the FLSA and is entitled to
overtime compensation, and he also claims that the district court
erred in relying on the parties’ affidavits converting the Rule 12b
dismissal motion into a summary judgment proceeding without proper
notice. We have reviewed the record and briefs and arguments
advanced by the parties and, after conducting our own de novo
review, conclude that the district court did not err in dismissing
appellant’s claim. Accordingly, the judgment of the district court
is AFFIRMED.

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