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STATE OF TEX. v. THOMPSON

No. 95-50067. Summary Calendar.

70 F.3d 390 (1995)

The STATE OF TEXAS, Plaintiff, v. Jesse THOMPSON, Defendant-Third Party Plaintiff-Appellee, v. Chris HANGER and Benny Fisher, Third Party-Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 8, 1995.

Attorney(s) appearing for the Case

Barry Kent Bishop, Clark, Thomas & Winters, Austin, TX, for Jesse Thompson, defendant-third party plaintiff-appellee.

Rodney Paul Geer, Christopher Norman Johnsen, Office of Attorney General of Texas, Austin, TX, for third party defendants.

Before KING, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:

The sole issue in this interlocutory appeal is whether the magistrate judge properly denied appellants' motion for summary judgment based upon qualified immunity. We reverse in part and dismiss in part.

FACTUAL AND PROCEDURAL BACKGROUND

The genesis of this controversy is a state court action filed by the State of Texas seeking injunctive relief against appellee Jesse Thompson. Thompson is a licensed aerial applicator of chemicals. The...

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