Legal Opinion
Frederick Griffin v. Aluminum Company of America
Court of Appeals for the Fifth Circuit
Decided December 21, 1977No. 77-2122PublishedCited by 47 opinions
1Per curiam
Plaintiff, Frederick Griffin, appeals a district court order dismissing his complaint under Rule 37(d) of the Federal Rules of Civil Procedure upon his failure to appear and submit to deposition. This case presents the question whether the district court exceeded its discretion in dismissing a plaintiff’s pro se complaint after a single, unexcused failure to appear. We reverse and remand.
Griffin’s Title VII 1 complaint, filed in forma pauperis, alleges that the defendant, Aluminum Corporation of America [Alcoa], and one of its officials, Fred Bergeron, discriminated against him because of his…
2Cases cited6 opinions
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- Grace K. Emerick and James L. Emerick, Sr. v. Fenick Industries, Inc.Court of Appeals for the Fifth Circuit · 1976
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Franklin W. Durgin, Catherine Durgin, and Orpha Durgin v. John T. Graham, M. Smith Burns, B. Clarke Nichols, and Lindsay Newspapers,inc.Court of Appeals for the Fifth Circuit · 1967
- Bon Air Hotel, Inc. v. Time, Inc., and Dan JenkinsCourt of Appeals for the Fifth Circuit · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Roy E. Merritt, Cross-Appellants v. The International Brotherhood of Boilermakers, Dixon L. Pyles and C. R. McRae Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1981
- United States v. Pole No. 3172, Hopkinton, Etc., Appeal of Alice Gazda, Ida Ambrosio and Charles FogartyCourt of Appeals for the First Circuit · 1988
- Deyo v. KilbourneCalifornia Court of Appeal · 1978
- Carlucci v. Piper Aircraft Corp.Court of Appeals for the Eleventh Circuit · 1985
- Ray Marshall, Secretary of Labor, United States Department of Labor v. Johnny Segona, D/B/A Highway 190 Truck Stop and as Truckem Up ParadiseCourt of Appeals for the Fifth Circuit · 1980
42 more not listed; retrieve them via the Exa API.