Hernandez v. Scott

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               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                           No. 97-41309
                         Summary Calendar



ARMANDO G. HERNANDEZ, ET AL,

                                         Plaintiffs

ROBERT J. BATEMAN,
                                         Plaintiff-Appellant,

versus

WAYNE SCOTT, ET AL,

                                         Defendants-Appellees.

                       - - - - - - - - - -
          Appeal from the United States District Court
                for the Eastern District of Texas
                       USDC No. 9:98-CV-46
                       - - - - - - - - - -

                         January 29, 1999

Before DAVIS, DUHE’, and PARKER, Circuit Judges.

PER CURIAM:*

     The district court has not certified for interlocutory

appeal its denial of the plaintiffs’ motion for certification of

the complaint as a class action.   Accordingly, we DISMISS the

appeal for lack of jurisdiction.   28 U.S.C. §§ 1291, 1292.

     APPEAL DISMISSED.




     *
        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that this opinion should not be published and is not precedent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.