[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 12, 2007
No. 06-13285
THOMAS K. KAHN
CLERK
D. C. Docket No. 04-00810 CV-5-IPJ
CALVIN LEE HICKS, II,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Alabama
(March 12, 2007)
Before DUBINA and COX, Circuit Judges, and SCHLESINGER,* District Judge.
PER CURIAM:
_________________________
*Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of
Florida, sitting by designation.
After reading the parties’ briefs, reviewing the record, and conducting oral
argument, we conclude that genuine issues of material fact exist in this case which
preclude the grant of summary judgment. Accordingly, we vacate the district
court’s judgment and remand this case for a trial.
VACATED and REMANDED.
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