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BAULCH v. JOHNS

No. 94-10456.

70 F.3d 813 (1995)

Michael BAULCH, individually and on behalf of his deceased son Kenneth Baulch; o/b/o Kyle Wayne Baulch, et al., Plaintiffs-Appellees, v. Robert C. JOHNS, a/k/a Bobby Johns, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 27, 1995.

Attorney(s) appearing for the Case

John W. Bickel, II, Michael J. Betz, Richard E. Aubin, Bickel & Brewer, Dallas, TX, Charles M. Hinton, Jr., Brad Neighbor, City Attys., City of Garland, TX, Garland, TX, for appellant.

Andrea Chan, Asst. City Atty., Houston, TX, for amicus curiae — City of Houston.

Karen H. Brophy, City Atty., A. Lynn Nunns, Asst. City Atty., Carrollton, TX, for amicus curiae — City of Carrollton.

Douglas R. Larson, Mesquite, TX, for appellee.

Before SMITH and BARKSDALE, Circuit Judges, and BUCHMEYER, District Judge.

JERRY BUCHMEYER, District Judge.*

This is an interlocutory appeal by a Garland police officer from the district court's denial of his motion for summary judgment based on the doctrine of qualified immunity. Because there are disputed issues of material fact concerning the qualified immunity defense, we lack jurisdiction to consider the interlocutory appeal. Accordingly, we dismiss. In addition, because counsel for appellant has multiplied...

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