IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-51233

KEITH BROWNE, Plaintiff - Appellee-Cross-Appellant, versus CITY OF SAN ANTONIO, TEXAS, Defendant - Appellant-Cross-Appellee.

Appeal from the United States District Court for the Western District of Texas (SA-97-CV-1245)

January 14, 2000 Before POLITZ, GIBSON* and HIGGINBOTHAM, Circuit Judges.

PER CURIAM: AFFIRMED. See 5th Cir. R. 47.6.**

* Circuit Judge of the Eighth Circuit, sitting by designation.

** 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.