NESMITH v. TAYLOR

No. 82-2098.

715 F.2d 194 (1983)

Robert E. NESMITH, Plaintiff-Appellant, v. Alan TAYLOR, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1983.


Attorney(s) appearing for the Case

Jeffrey A. Lehmann, Houston, Tex., for plaintiff-appellant.

Robert E. Bunce, Galveston, Tex., for defendant-appellee.

Before GOLDBERG, GEE and RANDALL, Circuit Judges.


PER CURIAM:

This appeal from summary judgment in favor of the defendant in a section 1983 action presents several difficult issues and, due to the factual peculiarities of the case, one easy issue. We believe that the easy issue is dispositive of the case and, thus, that it is best to postpone the more difficult issues for another day.

I. BACKGROUND

A. Facts

Nesmith owns a piece of land at 105 Gulf Freeway, La Marque, Texas. During...

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