CONROE CREOSOTING CO. v. MONTGOMERY CTY., TEX.

No. 99-21033.

249 F.3d 337 (2001)

CONROE CREOSOTING COMPANY; Conroe Credit Corporation; H.M. Hawthorne; Lyn Hawthorne, Plaintiffs-Appellees, v. MONTGOMERY COUNTY, TEXAS; et al., Defendants, J.R. Moore, Tax Assessor and Collector of Montgomery County, Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised May 4, 2001.


Attorney(s) appearing for the Case

Charles R. Gregg, Mary Jo Cantu (argued), Locke, Liddell & Sapp, Houston, TX, for Plaintiffs-Appellees.

Daniel F. Shank, Rhett B. Phares (argued), Coats, Rose, Yale, Holm, Ryman & Lee, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to decide an official's plea of qualified immunity to a damages claim for assorted violations of due process — the substantive variety. J.R. Moore appeals the district court's denial of his motion for summary judgment on a substantive due process claim. The claim of qualified immunity presents issues of fact, and we dismiss for lack of jurisdiction.

I

This case arises out of a tax levy against...

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