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AUSTIN v. HAMILTON

No. 90-2024.

945 F.2d 1155 (1991)

Connie Jo AUSTIN; Steven D. Snyder, Plaintiffs-Appellees, v. Joe HAMILTON, Defendant-Appellant, and Edward Martinez; Richard Maya; Charles Brown; Individually and as Officials of the U.S. Customs Services and U.S. INS; United States of America, Defendants.

United States Court of Appeals, Tenth Circuit.

September 24, 1991.

Attorney(s) appearing for the Case

Marshall I. Yaker and E.H. Williams, El Paso, Tex., for defendant-appellant.

Michael W. Lilley of Lilley & Macias, P.A., Las Cruces, N.M., for plaintiffs-appellees.

Before McKAY, SEYMOUR and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

Defendant Joe Hamilton appeals1 from an order of the United States District Court for the District of New Mexico denying a motion for summary judgment filed by Hamilton and three other federal officers on qualified immunity grounds. We have interlocutory appellate jurisdiction under Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), even though the district...

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