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LION BOULOS v. WILSON

No. 87-2013.

834 F.2d 504 (1987)

LION BOULOS, Individually and doing business as Abco Food Stores, et al., Plaintiffs-Appellees, v. Richard D. WILSON, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 23, 1987.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Henry Oncken, U.S. Atty., Hays Jenkins, Frank A. Conforti, Asst. U.S. Attys., Eileen O'Brien, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, John F. Cordes, Washington, D.C., for defendants-appellants.

Daniel Tucker Kamin, Houston, Tex., for plaintiffs-appellees.

Before CLARK, Chief Judge, GEE and RUBIN, Circuit Judges.

CLARK, Chief Judge:

Wilson appeals a district court order compelling limited discovery before ruling on his claim of qualified immunity. Finding that the discovery order does not encroach substantially upon Wilson's immunity claim and is therefore not appealable, we dismiss.

I.

This appeal arises from the so-called Houston fuel switching scam. In December 1984, the Environmental Protection Agency (E.P.A.) conducted field inspections of twelve gasoline...

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