*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opinion should not be published and is not precedent except under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. 98-20617

Summary Calendar

OLHA MORGAN, also known as Olga Morgan,

Plaintiff-Appellant,

VERSUS

CMS/DATA CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Texas

(H-97-CV-942)

December 17, 1998

Before EMILIO GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

CMS/Data Corporation (CMS) is in the business of

manufacturing, selling and installing billing software for law

firms across the country. Olga Morgan (Morgan) was hired by CMS in

November 1990 as a project manager. The main function of a CMS
2

project manager is to oversee the implementation of and conversion

to CMS’ billing software. Because CMS offers its products across

the country and because onsight installation is required, a project

manager position with CMS entails substantial travel. Morgan knew

this when she was hired. She also knew when she was hired that CMS

considered its project manager’s position to be an administrative

position which is exempt from the overtime requirements of the

FSLA.

Beginning in 1995 and continuing into 1996, several of CMS’

clients complained to CMS about Morgan’s performance, stating that

Morgan claimed to be overworked and "burned out." On September 16,

1996, CMS notified Morgan in writing about the client complaints

and her declining performance. Feeling that her job was in

jeopardy, Morgan retained counsel. Her counsel informed CMS in a

letter dated September 30, 1996, that Morgan was under a

physician’s care for depression and requested that Morgan’s

depression be accommodated by allowing her a week off, by

curtailing her workload to no more than 8 hours per day, by

minimizing out-of-town travel, by assignment to her of accounts

located within her home area, and by immediate cessation of

harassment and other unnecessary external stress related to the

performance of her job duties. On October 3, 1996, before CMS

responded to the September 30 letter from Morgan’s lawyer, Morgan

filed an EEOC complaint alleging disability discrimination in

violation of the ADA.
3

After a prolific exchange of correspondence between Morgan’s

counsel and either CMS or CMS’ counsel and repeated written

requests on the part of CMS for more medical information regarding

Morgan’s condition, four job options were offered to Morgan. She

did not find any of the four acceptable and shortly thereafter

filed this suit. In this suit, Morgan seeks compensation for the

overtime work she performed while she was an employee of CMS,

redress for what she characterizes as CMS’ refusal reasonably to

accommodate her disability, and damages for what she claims is her

constructive discharge, intentional infliction of emotional

distress, breach of contract and fraud. The parties filed crossmotions for summary judgment. The district court denied Morgan’s

motions for summary judgment and granted the motion for summary

judgment by CMS. Morgan timely appeals.

We have carefully reviewed the briefs, the record excerpts,

the reply brief, and relevant portions of the record itself. For

the reasons stated by the district court in its comprehensive

memorandum and order filed under date of June 4, 1998, we affirm

the final judgment entered in this matter on June 4, 1998, which

granted CMS’ motion for summary judgment and dismissed plaintiff’s

causes of action on the merits.

AFFIRMED.