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THOMAS v. CITY OF DALLAS

No. 97-10858.

175 F.3d 358 (1999)

Iving THOMAS; Barbara Thomas, Plaintiffs-Appellees, v. CITY OF DALLAS; et al., Defendants, Darwin Gaines; Aquilla Allen, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 10, 1999.

Attorney(s) appearing for the Case

Michael M. Daniel, Laura Beth Beshara, Dallas, TX, for Plaintiffs-Appellees.

Walter Columbus Davis, III, William Kent McIlyar, Dallas, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This claim arises from a bureaucratic snafu. The City of Dallas, by a series of mistakes, demolished a small house after erroneously concluding it was a nuisance. This suit by the property owner ensued. We must decide whether the district court erred in refusing to recognize a defense of absolute immunity to a claim for money damages asserted by an official of the responsible city agency and qualified immunity asserted by one...

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