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LAMPTON v. DIAZ

No. 10-60848.

661 F.3d 897 (2011)

Leslie B. LAMPTON, Plaintiff-Third Party Defendant-Appellant, v. Oliver E. DIAZ, Jr.; Jennifer Diaz, Defendants-Third Party Plaintiffs-Appellees.

United States Court of Appeals, Fifth Circuit.

October 27, 2011.

Attorney(s) appearing for the Case

J. Kevin Watson (argued), Ricky Glenn Luke , Counsel, Charles Stephen Stack, Jr. , Associate Gen. Counsel, Watson & Jones, P.A., Jackson, MS, for Plaintiff-Third Party Defendant-Appellant.

David Neil McCarty (argued), David Neil McCarty Law Firm, P.L.L.C., Charles R. McRae (argued), McRae Law Firm, Jackson, MS, for Defendants-Third Party Plaintiffs-Appellees.

Before SMITH, BENAVIDES and HAYNES, Circuit Judges.

PER CURIAM:

In this declaratory relief action, Plaintiff-Third Party Defendant-Appellant Leslie B. Lampton appeals the district court's denial of his motion for summary judgment on grounds of immunity. We REVERSE the district court's order and REMAND.

FACTUAL AND PROCEDURAL BACKGROUND

This action arises from a complaint filed in 2006 with the Mississippi Commission on Judicial Performance (the "Commission") against Oliver Diaz, then a Mississippi...

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