IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-20157 Summary Calendar

HOWARD F. LARSSON,

Plaintiff-Appellee,

versus

CITY OF HOUSTON TEXAS, ET AL,

Defendants,

M.L. CURRAN, Captain; MILTON JONES, Lieutenant,

Defendants-Appellants.

-------------------- Appeal from the United States District Court for the Southern District of Texas (97-CV-1750) --------------------

November 17, 1999

Before POLITZ, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Defendants Curran and Jones appeal from the district court’s

denial of their motion for summary judgment based upon qualified

immunity. They argue that the district court erred by denying

their summary-judgment motion and that this court has jurisdiction

over the interlocutory appeal. Because there is a significant

fact-related dispute, however, this court does not have

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. jurisdiction to review the denial of the motion for summary

judgment. See Johnson v. Jones,

(1995).

APPEAL DISMISSED.

2