No. 94-3539 Non-Argument Calendar.
Filed September 15, 1995.
Appeal from the United States District Court for the Middle District of Florida.
(No. 93-1847-CIV-T-24C), Susan C. Bucklew, Judge.
Stanley E. Marable, Sarasota, FL, for appellant.
John Wendell, Lakeland, FL, Mitchell Macknin, Bruce Sperling, Chicago, IL, for appellee.
Before KRAVITCH, ANDERSON and CARNES, Circuit Judges.
We AFFIRM on the basis of the Order of the district court dated November 10, 1994, attached as an appendix and hereby incorporated into and made a part of this opinion.
We note that this case can be distinguished from Brennan v. Six Flags over Georgia, Ltd., 474 F.2d 18 (5th Cir. 1973), cert. denied, 414 U.S. 827, 94 S.Ct. 47, 38 L.Ed.2d 61 (Fifth Cir. 1973), in which the Fifth Circuit denied the FLSA exemption for amusement park employees who performed construction work during the off season. The panel in that case rested its decision on a factual finding that the construction work at issue was not of the same nature as amusement park work. In this case, the work at issue — groundskeeping for baseball games — is of the same nature as recreational establishment work.