               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE FIFTH CIRCUIT

                       _____________________

                            No. 95-31168
                          Summary Calendar
                       _____________________



DALE BATISTE; REGINALD DAVIS;
HERMAN WASHINGTON, JR.,

                                               Plaintiffs-Appellees,


                                versus

COLONIAL SUGARS, INC. (of Delaware) ET AL.,

                                                          Defendants,

                                 and

WILLIE MARTIN and JOSEPH S. NASSAR,

                                               Defendants-Appellants.

_________________________________________________________________

      Appeal from the United States District Court for the
                  Eastern District of Louisiana
                      USDC No. 92-CV-3513-L
_________________________________________________________________

                         October 25, 1996
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*


     Sheriff Willie Martin and former Sheriff Joseph Nassar appeal

from the denial of their motion for summary judgment. They contend

     *
      Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
that we have jurisdiction over their appeal and contend that the

district court erred by denying their motion.

       Sheriff Martin was sued in his official capacity only.          We

lack jurisdiction over his appeal from the denial of summary

judgment.   Aldy v. Valmet Paper Machinery, 74 F.3d 72, 75 (5th Cir.

1996); see Burns-Toole v. Byrne, 11 F.3d 1270, 1273 (5th Cir.),

cert. denied, 114 S.Ct. 2680 (1994).

       Regarding Nassar, the district court rejected his qualified

immunity contention because it found genuine issues of material

fact   regarding   Nassar’s   oversight   of   the   investigation   that

resulted in the plaintiffs’ arrests and the training of Nassar’s

subordinates. We lack jurisdiction to review the denial of summary

judgment.   Johnson v. Jones, 115 S.Ct. 2151, 2159 (1995).

                                                      APPEAL DISMISSED.




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