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NICOLETTI v. CITY OF WACO

No. 90-8328.

947 F.2d 190 (1991)

Michael W. NICOLETTI, Plaintiff-Appellee, v. CITY OF WACO, et al., Defendants, Larry Scott, in his official capacity as Chief of Police for the City of Waco, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 18, 1991.

Attorney(s) appearing for the Case

Bettye S. Springer, Mark H. Hoppe, Haynes & Boone, Fort Worth, Tex., James Ludlum, Jr., Ludlum & Ludlum, Austin, Tex., Annette Jones, Asst. City Atty., Waco, Tex., for defendant-appellant.

R. John Cullar, Patrick D. Millar, Mills, Millar & Matkin, Waco, Tex., for plaintiff-appellee.

Before POLITZ and HIGGINBOTHAM, Circuit Judges, and WINGATE, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A jury in Waco, Texas returned a substantial verdict against the City of Waco and its police chief, Larry Scott. Defendants attempt to appeal the district court denial of motions for judgment NOV, and grant of a new trial only on damages. We find that we do not have jurisdiction to consider this interlocutory order. We are persuaded that, because Scott by-passed appeal of the district court's pre-trial denial of qualified immunity...

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