KAPCHE v. CITY OF SAN ANTONIO

No. 00-50588.

304 F.3d 493 (2002)

Jeff KAPCHE, Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 2002.


Attorney(s) appearing for the Case

John Wallace Griffin, Jr. (argued), Houston, Marek & Griffin, Bobby D. Brown, Law Offices of Bobby D. Brown, Victoria, TX, Cynthia T. Sheppard, Cuero, TX, for Plaintiff-Appellant.

Luis Augusto Moreno (argued), Villarreal, Moreno & Ruiz, San Antonio, TX, for Defendant-Appellee.

Michael Alan Greene (argued), Rosenthal & Greene, Portland, OR, for American Diabetes Ass'n, Amicus Curiae.

Linda Frances Thome, Jessica Dunsay Silver, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for U.S., Amicus Curiae.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and HINOJOSA, District Judge.


PER CURIAM:

In the second appeal of this case, Plaintiff-Appellant Jeff Kapche (Kapche) asks that we review the order of the United States District Court for the Western District of Texas granting, for a second time, summary judgment for Defendant City of San Antonio (City), again dismissing Kapche's claims. For the reasons that follow, we vacate the judgment of the district court and remand for further proceedings consistent...

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