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ATWATER v. CITY OF LAGO VISTA

No. 98-50302.

165 F.3d 380 (1999)

Gail ATWATER, Individually; Michael Haas, Dr., As next friend of Anya Savannah Haas and Mackinley Xavier Haas, Plaintiffs-Appellants, v. CITY OF LAGO VISTA, Bart Turek, and Frank Miller, Chief of Police, Lago Vista, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 29, 1999.

Attorney(s) appearing for the Case

Pamela Ann McGraw, Debra Irwin, McGraw, Brinkley & Irwin, Robert Charles DeCarli, Austin, TX, for Plaintiffs-Appellants.

William W. Krueger, III, Joanna Rae Lippman, Fletcher & Springer, Austin, TX, for Defendants-Appellees.

Before REYNALDO G. GARZA, STEWART and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Appellants Gail Atwater and Michael Haas, as next friend of Anya Savannah Haas and Mackinley Xavier Haas, appeal the decision of the district court granting defendants, City of Lago Vista, Bart Turek, and Frank Miller, summary judgment. Finding error, we reverse in part and remand.

BACKGROUND

Gail Atwater and her family are long-term residents of Lago Vista, Texas, a suburb of Austin. She is a full-time mother and...

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