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METLIN v. PALASTRA

No. 83-4266.

729 F.2d 353 (1984)

William METLIN, Plaintiff-Appellee, v. General Joseph T. PALASTRA, Jr., Commanding General, Fort Polk, Louisiana and Colonel Charles D. Herrera, Defendants, Colonel Charles D. Herrera, Defendant-Appellant. David W. CARSON, Plaintiff-Appellee, v. General Joseph T. PALASTRA, Jr., Commanding General, Fort Polk, Louisiana and Colonel Charles D. Herrera, Defendants, Colonel Charles D. Herrera, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1984.

Attorney(s) appearing for the Case

Arnold I. Melnick, Marshall M. Kaplan, Litigation Div., U.S. Dept. of the Army, John F. Cordes, Barbara L. Herwig, Dept. of Justice Appellate Staff, Civ. Div., Washington, D.C., for defendant-appellant.

Broussard, Bolton & Halcomb, Daniel E. Broussard, Jr., Steven C. Graalmann, Alexandria, La., for plaintiffs-appellees.

Before WISDOM, REAVLEY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

An Army officer appeals from the denial of summary judgment in a suit by the owners of two businesses declared off-limits to Army personnel by an Armed Forces Disciplinary Control Board of which the officer was president. After finding appellate jurisdiction over the denial of the officer's claim of absolute immunity, we exercise pendent jurisdiction over his qualified immunity claim and conclude that the Army officer is entitled...

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