                 IN THE UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT

                   _________________________________

                        Nos. 92-5208 & 93-4090
                   ________________________________

BILLY J. HALE,

          Plaintiff-Appellee,

vs.

CARL TOWNLEY, et al.,

          Defendants-Appellants.

BILLY J. HALE,

          Plaintiff-Appellant,

vs.

CARL TOWNLEY, et al.,

          Defendants-Appellees.

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     Appeals from the United States District Court for the
                  Western District of Louisiana
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                    Opinion on Reconsideration

                            (May 13, 1994)

Before REAVLEY and DAVIS, Circuit Judges, and ROSENTHAL, District
Judge.*

PER CURIAM:

          This court has noted, sua sponte, that a footnote in

the opinion issued on May 3, 1994 conflicts with an opinion

issued by another panel of this court dated April 29, 1994.

Footnote 1 of this court's opinion stated that the application of



  *
   District Judge of the Southern District of Texas, sitting by
designation.
Hudson v. McMillian, --- U.S. ---, 112 S. Ct. 995, 117 L. Ed. 2d

156 (1992), to Fourth Amendment claims was undecided in the Fifth

Circuit.   In Harper v. Harris County, Texas, CA No. 93-2062,

another panel of this court held that "[a] plaintiff is no longer

required to prove significant injury to assert a section 1983

Fourth Amendment excessive force claim."   This court strikes

footnote 1 from its earlier opinion.   This court's opinion

remains otherwise unchanged.




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