                 UNITED STATES COURT OF APPEALS

                      FOR THE FIFTH CIRCUIT

                      ____________________

                           No. 95-50864
                      _____________________




GERALD HALL,
                                        Plaintiff

                             versus

ROY BENTON, ET AL.,
                                        Defendants,

JESS THOMPSON; PEGGY THOMPSON;
FRATERNAL ORDER OF POLICE, LODGE 11,
                                        Defendants-Appellees,

RON BENTON; CHARLIE BLANKENSHIP;
BOBBY WELBORN; RON SARTOR,
                                        Defendants-Third Party
                                        Plaintiffs-Appellees,

                             versus

ED KREVIT; RUSTY HILL; GARY PAINTER,
Sheriff of Midland County, Texas,
                                        Third Party Defendants-
                                        Appellants.



_________________________________________________________________

         On Appeal from the United States District Court
                for the Western District of Texas
                          (M0-94-CV-129)
_________________________________________________________________
                         October 7, 1996

Before POLITZ, Chief Judge, SMITH and DUHÈ, Circuit Judges.
PER CURIAM:*

     Ed Krevit, Rusty Hill, and Gary Painter, Third Party Defendants-

Appellants, appeal the district court’s rejection, at this stage of

the proceedings, of their assertion of qualified immunity from the

claims of Third Party Plaintiffs. Having considered the briefs and

oral arguments of counsel, and pertinent parts of the record, and

finding that genuine issues of material fact currently exist, we

conclude that we lack jurisdiction and the appeal is, accordingly,

DISMISSED.




     *
      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this opinion should not be published and is not precedent except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.


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