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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.