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RODRIGUEZ v. SARABYN

No. 96-50463.

129 F.3d 760 (1997)

Robert RODRIGUEZ, Plaintiff-Appellee, v. Charles (Chuck) SARABYN, et al., Defendants, Charles (Chuck) Sarabyn; Roger M. Solomon, Ph.D.; Ted Royster, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 24, 1997.

Attorney(s) appearing for the Case

Richard A. Grigg, Spivey & Grigg, Austin, TX, for Plaintiff-Appellee.

Stephen Henry Gardner, Gail Marie Dickinson, Dallas, TX, for Charles (Chuck) Sarabyn.

Robert Mark Loeb, Barbara L. Herwig, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for United States of America, Amicus Curiae.

Arthur David Carlson, Deanna Dean Smith, Carlson & Smith, Houston, TX, for Phillip J. Chojnacki and Ted Royster.

Guy M. Hohmann, Cristina Berg McGarr, Hohmann, Werner & Taube, Austin, TX, for Roger M. Solomon, Ph.D.

Before POLITZ, Chief Judge, KING, Circuit Judge, and DUPLANTIER, District Judge.

KING, Circuit Judge:

Defendants-appellants bring this interlocutory appeal to challenge the district court's order finding that they were not acting within the scope of their federal employment. We affirm in part and vacate in part the district court's order and remand this case for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Posture

This litigation stems from the Bureau of Alcohol, Tobacco, and Firearms...

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